These terms and conditions apply in the relationship between client and interior designer to the express exclusion of the client’s terms and conditions.
ARTICLE 1. DEFINITIONS
1.1 In order to avoid any misunderstandings, the General Terms and Conditions of Qupér Design are set out below, for assignments carried out by the general partnership (VOF) registered with the Chamber of Commerce under number 92536832 Qupér Design, established in Heiloo.
1.2 Client: the natural or legal person who has granted the order to Qupér Design.
1.3 Assignment: the agreement concluded between the client and Qupér Design.
1.4 Project: the entirety of activities aimed at bringing about that which the client intends.
1.5 Documents: data carriers in any form, provided by the client or by Qupér Design.
1.6 Work: Qupér Design who accepts the order and performs work in the field of interior design, interior styling and interior advice on behalf of the client.
ARTICLE 2. GENERAL
2.1 These general terms and conditions apply to all offers and order confirmations that the client enters into with Qupér Design. The applicability of any purchasing or other conditions of the client is expressly rejected.
2.2 Any deviations from these general terms and conditions are only valid if expressly agreed in writing or electronically between the client and Qupér Design.
2.3 Should one or more of the provisions of these general terms and conditions be null and void or be annulled, the remaining provisions of these general terms and conditions shall remain fully applicable. Qupér Design and the client shall then consult in order to agree new provisions to replace the void or nullified provisions, whereby if and to the extent possible the purpose and purport of the original provision shall be observed.
2.4 If a situation arises that is not regulated in these terms and conditions, this situation must be assessed ‘in the spirit’ of these general terms and conditions.
2.5 Qupér Design is entitled to amend these general terms and conditions and the content of its website. For agreements already concluded, the terms in force at the time the agreement was concluded remain valid.
ARTICLE 3. OFFERS AND ASSIGNMENT AGREEMENTS
3.1 Quotations prepared by Qupér Design are entirely without obligation and may be revoked up to the time of agreement.
3.2 An order issued, with a clear description is confirmed in writing by Qupér Design and confirmed in writing by the client for agreement.
3.3 Verbal agreements and stipulations are only binding after they have been confirmed in writing by Qupér Design, by e-mail or otherwise.
3.4 Quotations and quotations prepared by Qupér Design are not valid for future orders, unless otherwise stated.
3.5 The prices in the quotations are exclusive of VAT excluding travel and accommodation expenses, parking costs, shipping and administration costs and other government levies, unless stated otherwise.
3.6 Qupér Design cannot be held to its quotation price if that quotation price, or any part thereof, contains an obvious mistake or clerical error.
3.7 A composite quotation does not oblige Qupér Design to perform part of the order at a corresponding part of the quoted price.
3.8 The client has taken note of the general terms and conditions of Qupér Design.
3.9 Qupér Design is at all times entitled to refuse a potential client without giving reasons.
3.10 All agreements concluded with Qupér Design are governed by Dutch law.
ARTICLE 4. THE ASSIGNMENT
4.1 Qupér Design shall do its utmost to execute the order to the best of its ability. Qupér Design cannot be liable for a disappointing result if the advice or design given by it that results from the order (‘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 Qupér Design in writing, stating the reasons. The parties then enter into consultation to discuss the consequences. If Qupér Design suffers damage as a result, the client is obliged to compensate this damage. Qupér Design is obliged to limit the damage as much as possible.
4.3 The client remains at all times responsible for the choices and applications of the advice given by the interior designer.
4.4 The client is obliged to treat all data of Qupér Design as confidential, insofar as the client knows or can or should know that these data are confidential.
4.5 Qupér Design is authorised at all times not to process an order.
ARTICLE 5. PERSONAL DATA
5.1 Personal data of the client is stored in Qupér Design’s client system to process orders. Qupér Design never gives personal data to third parties and will make every effort to prevent your data from falling into the hands of third parties. Qupér Design applies the relevant legislation when using client personal data. – See privacy policy.
ARTICLE 6. PRICES AND PAYMENT
6.1 Qupér Design is entitled to a fee for the execution of the Assignment. This may consist of a fee per hour or a fixed amount. The parties agree on the reimbursement of additional costs incurred such as travel expenses and printing costs. Payment of the invoice must be made within 14 days of the invoice date.
6.2 The fixed prices are exclusive of VAT excluding travel and accommodation expenses, parking costs, shipping and administration costs and other government levies, unless stated otherwise.
6.3 Within a radius of 10 km from Heiloo, no travel costs are charged.
6.4 Payment for all services will be invoiced in two instalments of 50%. Before our project starts, you pay a non-refundable deposit to reserve your place in our schedule. This deposit is 50% of the total invoice. After the completion of our project, you will pay the remaining amount before we forward the files. This payment will also be 50% of the total invoice.
6.5 Late payment: The amount due must be paid within 14 days of receipt of the invoice. A payment after that date will incur collection charges of 5%, per 14 days, on the outstanding amount.
ARTICLE 7. OWNERSHIP AND COPYRIGHT
7.1 All services provided by Qupér Design are subject to retention of title until the order has been paid for in full.
7.2 Qupér Design has the exclusive right to take and reproduce photographs of the interior and exterior of a project realised according to its design. However, Qupér Design requires the client’s consent for the publication of the images showing the interior of the project. The photos may be used as examples of styling and design on www.quperdesign.nl
7.3 Documents created by Qupér Design within the framework of the order become the property of the client after the client has fulfilled his financial obligations towards Qupér Design. The documents may be used in compliance with intellectual property legislation.
7.4 No rights may be derived from drawings made by Qupér Design. Qupér Design is not an architect or construction expert. Before carrying out (spatial) work, the Client should check the measurements and/or engage a specialist craftsman to provide technical detailing.
7.5 All intellectual property rights arising from the Order (including trademark rights, copyrights and model rights) belong to Qupér Design. The Client acquires a right of use. Client shall not reproduce or disclose the advice or design without the permission of Qupér Design, unless the parties agree otherwise.
ARTICLE 8. COMPLAINTS
8.1 Complaints directly related to services performed by Qupér Design must be communicated in writing to Qupér Design as soon as possible, but in any event within 14 days of the completion of the services provided.
8.2 If the complaint is well-founded, Qupér 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 the client’s negligence, the resulting damage shall be borne by the client.
9.2 Qupér Design is not liable for damage of any kind. The client always remains responsible for the choice and application of advice, materials and products advised by Qupér Design during the advice.
9.3 If certain parts of the order, including constructive and installation advice, are fulfilled by third parties, Qupér Design is not liable for these parts and for the actions of these third parties. These third parties must be addressed independently in the appropriate case.
9.4 Qupér Design is not liable for indirect losses of the client or third parties, including consequential losses and trading losses.
9.5 If the client is of the opinion that Qupér Design has failed to comply with its obligations, it shall hold it liable in writing and give it the opportunity to remedy such failure(s) at its own expense.
9.6 Any claim for compensation expires if the claim has not been notified to Qupér Design in writing within 14 days of the discovery of the damage or defect.
9.7 Qupér Design is never liable for the (partial) failure to follow advice.
ARTICLE 10. FORCE MAJEURE
10.1 Force majeure means any circumstance which permanently or temporarily prevents fulfilment of the order and which cannot be attributed to Qupér Design. Such as strikes in companies with which Qupér Design has concluded agreements, a general lack of the necessary raw materials, unforeseeable delays at suppliers, as well as the case in which Qupér Design is mentally or physically prevented from fulfilling the order properly.
10.2 Qupér Design and the client should inform each other as soon as possible of a force majeure situation, and in joint consultation seek a solution appropriate in that specific situation.
ARTICLE 11. DISSOLUTION OF THE AGREEMENT
The claims of Qupér Design on the client are immediately due and payable in the following cases:
11.1 After the conclusion of the agreement circumstances of which Qupér Design becomes aware give Qupér Design good reason to fear that the client will not fulfil his obligations.
11.2 If when concluding the agreement Qupér Design asked the client to provide security for performance and this security is not provided or is insufficient.
11.3 In the aforementioned cases Qupér Design is authorised to suspend further execution of the agreement or to proceed to dissolve the agreement, without prejudice to Qupér Design’s right to claim damages.
ARTICLE 12. MISCELLANEOUS
12.1 The general terms and conditions are published at www.quperdesign.nl
12.2 The general terms and conditions are effective from 01-01-2024 and apply exclusively to assignments concluded on or after this date.
12.3 The client will receive the general terms and conditions of Qupér Design with the offer/order confirmation.
12.4 The client must be familiar with these terms and conditions and sign the quotation/order confirmation for approval.
ARTICLE 13. APPLICABLE LAW AND DISPUTE RESOLUTION
13.1 The agreement between Qupér Design and the client is governed by Dutch law. The court to hear disputes between Qupér Design and the client is the competent court in the district where Qupér Design has its registered office, or the competent court according to the law, this at the discretion of Qupér Design.
13.2 The parties have made every effort to settle a dispute in mutual consultation before resorting to the courts.