General

General terms and conditions Bathroom and Kitchen Broker

Article 1: Definitions

1.1

Bathroom kitchen broker, with its registered office at Donkereweg 3, 1704DV Heerhugowaard.

1.2

Client: The natural or legal person to whom Bathroom Kitchen Broker has provided any offer, has made an offer or with whom it has entered into an agreement.

1.3

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

1.4

Product: The bathroom, kitchen or other product about which Bathroomenkeukenmakelaar will advise and/or mediate in the purchase.

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 the Bathroom Kitchen Broker is deemed to have been concluded at the time that the Client has digitally confirmed and signed the quotation, or has started its implementation. The Bathroom Kitchen Broker is entitled to refuse assignments given to it without giving reasons, even after it has sent an offer to the Client for the performance of work.

2.2

In the event of withdrawal of the Assignment after signing the order for services, the Client will owe the cancellation costs agreed in the Assignment confirmation and the costs for the additional services already performed to Bathroom and Kitchen Broker.

2.3

Bathroom and Kitchen Broker reserves the right to correct a discount or surcharge agreed with the Client (in the Assignment signed for approval). If, during the purchase process, it appears that an agreed discount or surcharge has been wrongly granted, this will be corrected (in accordance with the then applicable rates) on the invoice to be paid by the Client.

2.4

All Assignments issued to Bathroomenkeukenmakelaar are concluded exclusively with Bathroomenkeukenmakelaar and are carried out by it, even if it is the intention of the Client that the Assignment will be carried out by a specific person employed by Bathroomenkeukenmakelaar.

2.5

Assignments issued to Bathroomenkeukenmakelaar only lead to best-efforts obligations on the part of Bathroomenkeukenmakelaar, not to obligations to achieve results, unless the nature of the assignment issued or the agreements between the parties indicate otherwise.

2.6

Unless otherwise agreed in writing, the terms indicated by Bathroomenkeukenmakelaar within which it will carry out the Assignment can never be regarded as strict deadlines.

2.7

These general terms and conditions also apply for the benefit of the directors and/or partners of Bathroomenkeukenmakelaar and all persons working for it. The applicability thereof shall continue to exist if the aforementioned directors/partners and/or other persons working for it are no longer working for Bathroom and Kitchen Broker.

2.8

Any purchase or other terms and conditions to which Client refers when accepting an offer or quotation or concluding an agreement do not apply, unless they have been accepted unconditionally and in writing by Bathroomenkeukenmakelaar.

Article 3: Offers and quotations from Bathroom and Kitchen Stores and advice from Bathroom and Kitchen Broker

3.1

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

3.2

Calculations made in advance by Bathroom and Kitchen Broker with regard to the costs 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 the costs can be provided as soon as a Bathroom and Kitchen Store has issued a quotation that has been accepted by the Client.

3.3

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

Article 4: Communication

4.1

In the event that the Client has sent any digital message to Bathroomenkeukenmakelaar, he may only rely on this message reaching Bathroomenkeukenmakelaar if he has received a confirmation of receipt thereof, not being an automatic confirmation of receipt.

4.2

General information, whether or not on the Internet, whether or not at the request of the Client, provided by Bathroomenkeukenmakelaar, is without obligation and will never be regarded as advice in the context of an Assignment given to it, unless communication from Bathroomenkeukenmakelaar shows otherwise or the advice is specifically focused on the situation of the Client.

4.3

Until the Client has notified Bathroom Kitchen Broker of a change of address, the Client may rely on the fact that the Client can be reached at the address provided by the Client at the start of the Assignment, including the Client's e-mail address.

4.4

Client agrees that information about the status and progress of the assignment, current topics and aftercare activities will preferably be provided digitally, via e-mail, by Bathroomenkeukenmakelaar.

Article 5: Involvement of third parties

5.1

Bathroom Kitchen Broker 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 passed on to the Client in consultation.

5.2

If Bathroomenkeukenmakelaar has to make use of advice drawn up by external parties in the execution of the Assignment, including but not limited to advice from tilers, plasterers, contractors, and the like, Bathroomenkeukenmakelaar will consult with Client in advance as much as possible. In selecting the third party concerned, Bathroomenkeukenmakelaar will exercise due care. Bathroom and kitchen broker is not liable for (attributable) shortcomings of these external advisors.

5.3

Bathroom and Kitchen Broker is, in the same way as for its own employees, responsible for third parties engaged in the execution of the Assignment, with the exception of external advisors as indicated in article 5.2.

Article 6: Fees and Payment

6.1

The fee for the services of Bathroom and Kitchen Broker will be charged to the bathroom and kitchen store in addition to the order of the Client, unless otherwise agreed in writing. Bathroom and Kitchen Broker will inform the Client prior to the Assignment about the composition and amount of the fee.

6.2

Changes in taxes and/or levies imposed by the government will always be passed on to the Client. Bathroom Kitchen Broker is entitled to increase the agreed rates in the interim if the costs of materials, services or other costs that affect the cost price of Bathroom Kitchen Broker increase after the acceptance of the Assignment.

6.3

Invoices from Bathroom Kitchen Broker must 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 store, the Client must understand that failure to pay, or not pay on time, of invoiced products may lead to additional costs for possible collection procedures at the expense of the Client.

6.5

Set-off by the Client of amounts charged by Bathroomenkeukenmakelaar with a counterclaim asserted by the Client, or suspension of payment by the Client in connection with a counterclaim asserted by the latter, is only permitted if the counterclaim has been expressly and unreservedly acknowledged by Bathroomenkeukenmakelaar or has been irrevocably established in court.

6.6

If the Client does not pay the amounts charged by Bathroom and Kitchen Broker within the agreed period, the Client will owe the statutory interest on the outstanding amount without the need for a prior notice of default.

6.7

Payment obligations of the Client shall first be used to settle all interest and costs due and then to pay due invoices that have been outstanding for the longest time, even if the Client states that the payment relates to a later invoice.

6.8

If the creditworthiness of the Client gives cause to do so, Bathroomenkeukenmakelaar can suspend the delivery of its services until the Client has provided sufficient security for his 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 and Kitchen Broker for the correct execution of the Assignment.

7.2

Bathroom and kitchen broker 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 Bathroomenkeukenmakelaar or has not been made available to Bathroomenkeukenmakelaar in a timely manner or in accordance with the agreements made, or if the Client has not fulfilled its information obligations in any other way, Bathroomenkeukenmakelaar is entitled to suspend the execution of the Assignment.

7.4

The Client is fully responsible for the correctness and completeness of all information provided to Bathroomenkeukenmakelaar.

Article 8: Liability of Bathroom and Kitchen Broker

8.1

The liability of Bathroomenkeukenmakelaar, including its management, employees and persons engaged during the execution of the Assignment, is limited to the amount that is paid out under the professional liability insurance of Bathroomenkeukenmakelaar in the relevant case, plus the deductible. Further information about professional indemnity insurance will be provided on request.

8.2 If the professional liability insurance of Bathroomenkeukenmakelaar referred to in article 8.1 does not provide cover, the liability of Bathroomenkeukenmakelaar, as well as its management, employees and persons engaged for the execution of the Assignment, is 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 Bathroom Kitchen Broker has not charged a fee for its services to the Client, its liability is limited to the amount invoiced to the Client.

8.3

The execution of the Assignment is exclusively for the Client. Third parties cannot derive any rights from the content of the work performed for the Client.

8.4

Bathroom and Kitchen Broker is not liable for damage suffered by the Client or third parties as a result of incorrect, incomplete or late information provided by the Client.

8.5

Bathroom Kitchen Broker is not liable for damage resulting from errors in the software or other computer software used by Bathroom Kitchen Broker, unless this damage can be recovered from the supplier of the software or computer software in question.

8.6

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

8.7

Bathroom Kitchen Broker is not liable for damage resulting 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 by Bathroom Kitchen Broker.

8.8

The provisions of this article do not affect the liability of Bathroomenkeukenmakelaar for damage caused by intent or deliberate recklessness of its subordinates.

8.9

The Client can only dissolve the agreement with Bathroom Kitchen Broker if Bathroom Kitchen Broker imputably fails to comply with its obligations towards the Client after a proper notice of default. Obligations to pay that arose before the moment of dissolution and/or that relate to services already provided remain in full force.

Article 9: Force majeure

9.1

Bathroom and kitchen broker is not obliged to comply with any obligation if this cannot reasonably be expected of it as a result of changes in the circumstances existing at the time of entering into the obligations, which have arisen through no fault of its own.

9.2

A shortcoming in the fulfilment of an obligation by Bathroom and Kitchen Broker is in any case not considered to be attributable and does not fall under its risk in the event of default and/or shortcoming on the part of its suppliers, subcontractors, carriers and/or other third parties engaged, 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 the obligation is no longer binding can be demanded of Bathroomenkeukenmakelaar.

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 by Dutch law or public order to pass on this information to a competent authority.

10.2

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

Article 11: Loss of Rights

11.1

Complaints regarding the activities of the Bathroom Kitchen Broker or the amount of the amounts charged, must be submitted to the Bathroom Kitchen Broker in writing and within 60 days after receipt of the relevant documents, information or invoices, or within 60 days after the discovery of the shortcoming, under penalty of forfeiture of rights. 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 performed by the Bathroom Kitchen Broker shall lapse after one year from the moment at which the Client became aware or could reasonably have been aware of the existence of these rights and powers.

Article 12: Miscellaneous

12.1

Dutch law applies to all offers, quotations and Assignments granted by the Bathroom Kitchen Broker.

12.2

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

12.3

Agreements made on official letterhead of the Bathroom Kitchen Broker and signed by authorized officials are recognized as originating from the Bathroom Kitchen Broker.

12.4

The Bathroom Kitchen Broker is only bound by deviations or additions to these general terms and conditions if these have been expressly agreed in writing between the Bathroom Kitchen Broker and the Client.

12.5

Should any provision of these Terms and Conditions prove to be null and void, only the provision in question shall be excluded, all other provisions shall remain in force.

12.6

De Bathroomenkeukenmakelaar has the right to unilaterally change the content of these general terms and conditions. When changes take place, the Bathroom Kitchen Broker will inform 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 adjusted conditions apply from the date indicated by the Bathroom Kitchen Broker.