TERMS AND CONDITIONS


General terms and conditions MooiVerkocht.nl, CH Designing and Casa-Contact
February 2019


Article 1 General

1.1 Definitions:
a. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact: the user of these general terms and conditions; the general partnership registered with the Chamber of Commerce under number 56258356 located at Wateringseweg 16, 2685 SR Poeldijk (The Netherlands);
b. Client: the natural or legal person who enters into an agreement with MooiVerkocht.nl and/or CH Designing and/or Casa-Contact;
c. Agreement: the assignment agreement between the client and MooiVerkocht.nl and/or CH Designing and/or Casa-Contact.
1.2. These general terms and conditions apply to all agreements that the client concludes with MooiVerkocht.nl and/or CH Designing and/or Casa-Contact. The applicability of any purchase or other conditions of the client is explicitly rejected.
1.3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
1.4. If one or more of the provisions in these general terms and conditions are null and void or become void, the other provisions of these general terms and conditions remain fully applicable. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact and the client will then consult in order to agree on new provisions to replace the void or nullified provisions, whereby if and for as far as possible the purpose and intent of the the original provision.


Article 2 Execution of the assignment

MooiVerkocht.nl and/or CH Designing and/or Casa-Contact ensures that the execution of the assignment takes place in accordance with the requirements of due care and quality.


Article 3 Delivery time

3.1. The delivery times specified by MooiVerkocht.nl and/or CH Designing and/or Casa-Contact can not be regarded as a deadline.
3.2. The delivery time commences at the moment that the client of MooiVerkocht.nl and/or CH Designing and/or Casa-Contact has received a written or electronic confirmation.


Article 4 Obtained information and documents

The client must use the obtained information and documents only in the exercise of his own company (in the case of legal person) or in the private sphere (in the case of natural person). It is not permitted to make this information and documents public, to reproduce or to sell in any form whatsoever.

 

Article 5 Price

5.1. The prices quoted are in euros and excluding VAT unless otherwise stated.
5.2. Prices quoted in general terms (such as prices mentioned in previous assignments, quotations, on the website or in advertisements) can be changed at any time by MooiVerkocht.nl and/or CH Designing and/or Casa-Contact. For current contracts, the price that has been agreed in writing in the assignment agreement applies. 


Article 6 Payment

6.1. Payment must be made within 14 days after the invoice date, on a manner indicated by MooiVerkocht.nl and/or CH Designing and/or Casa-Contact on the invoice.
6.2. In the event of non-payment or late payment, the client will owe statutory interest on the outstanding amounts from the due date of the invoice until the day of full payment. Furthermore, all judicial and extrajudicial costs for collection are at the expense of the client.


Article 7 Liability

7.1. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact can not guarantee the complete accuracy and completeness of the information and documents supplied. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is therefore, barring intent or gross negligence, not liable for damage that has arisen as a result of inaccuracy, incompleteness or unlawfulness of the content of the service provided by CH Designing and/or Casa-Contact. 
7.2. The client shall ensure that all data, also including the data MooiVerkocht.nl and/or CH Designing and/or Casa-Contact, indicate that these are necessary for the execution of the assignment, timely to MooiVerkocht.nl and/or CH Designing and/or Casa-Contact will be provided. If the client has not provided this information, then MooiVerkocht.nl and/or CH Designing and/or Casa-Contact are not liable for the resulting damage. 
7.3. If the data required for the execution of the assignment are not provided to MooiVerkocht.nl and/or CH Designing and/or Casa-Contact in time, MooiVerkocht.nl and/or CH Designing and/or Casa-Contact has the right to implement to suspend the assignment.
7.4. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is not liable for damage of any kind, because MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is based on the incorrect information provided by the client and/or incomplete data, unless the inaccuracy or incompleteness for MooiVerkocht.nl and/or CH Designing and/or Casa-Contact should have been known.
7.5. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is not liable for consequential damage, lost profits, missed savings and damage due to business stagnation.
7.6. If MooiVerkocht.nl and/or CH Designing and/or Casa-Contact are nonetheless liable, then her liability is limited to at most the invoice value of (the part of) the commission from which the liability ensues.
7.7. All claims against MooiVerkocht.nl and/or CH Designing and/or Casa-Contact that have not been submitted to MooiVerkocht.nl and/or CH Designing and/or Casa-Contact within 2 years after their creation, will lapse through prescription.


Article 8 Force majeure

8.1. If the execution of the assignment is impossible due to force majeure, MooiVerkocht.nl and/or CH Designing and/or Casa-Contact will be released from its obligations under the agreement.
8.2. Force majeure also means a circumstance that MooiVerkocht.nl and/or CH Designing and/or Casa-Contact has no influence on or can reasonably have.


Article 9 Complaints

9.1. Complaints must be made known in writing or electronically to MooiVerkocht.nl and/or CH Designing and/or Casa-Contact within 30 days of receipt of the delivery, failing which the possibility of filing a complaint will be canceled.
9.2. If a complaint is well-founded, MooiVerkocht.nl and/or CH Designing and/or Casa-Contact will still perform the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known by the client in writing or electronically. If the performance of the agreed work is no longer possible or useful, the invoice will be adjusted by MooiVerkocht.nl and/or CH Designing and/or Casa-Contact to a lower amount or to nil. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact will also in that case only be liable within the limits of article 7 of these general conditions.


Article 10 Miscellaneous

10.1. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is at all times authorized not to handle an assignment.
10.2. If the client has applied for suspension of payments or is in a state of bankruptcy, MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is entitled to dissolve the agreement immediately. 
10.3. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is obliged to secrecy of data about which it is available from the client, except insofar as any statutory regulation MooiVerkocht.nl and/or CH Designing and/or Casa-Contact to communication required.
10.4. MooiVerkocht.nl and/or CH Designing and/or Casa-Contact has the right to remove and destroy files and all documents contained therein, including documents belonging to the client, without further notice from the archives, if 3 years or more have expired after MooiVerkocht.nl and/or CH Designing and/or Casa-Contact have performed the assignment.
10.5. The legal relationship between client and MooiVerkocht.nl and/or CH Designing and/or Casa-Contact is exclusively subject to Dutch law.


Article 11

11.1. In case of rental of furniture and/or accessories from MooiVerkocht.nl and/or CH Designing and/or Casa-Contact, the client will ensure the correct use thereof and will prevent as far as possible damage and/or theft of that furniture and/or accessories.  The duration of the rent of furniture and/or accessories is laid down in the order agreement.
11.2. The utilities, namely gas, water and electricity, will be present in the home by and for the account of the client and can be used by MooiVerkocht.nl and/or CH Designing and/or Casa-Contact.
11.3. In the event that the furniture and accessories are damaged or stolen by negligence on the part of the client, the damage resulting from this shall be for the account of the client.

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