Terms & conditions
1. Definitions
The following is understood as:
1.1 Advice: the result of the work of Robins hood.
1.2 General Terms and Conditions: general terms and conditions Robins hood - client, as drawn up here.
1.3 Documents: information carriers in any form, provided by the client or Robins hood.
1.4 Robins hood: the (legal) person who accepts the assignment and performs work on behalf of the client in the field of interior design, interior styling and interior advice.
1.5 Object: the product of a material nature to be carried out within the framework of the project.
1.6 Assignment: the agreement that has been concluded between the client and Robins hood.
1.7 Client: the natural or legal person who has given the assignment to Robins hood.
1.8 Project: the whole of activities aimed at achieving what the client intends.
1.9 Work: designs, sketches, drawings and the like within the meaning of the Copyright Act.
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2. General
2.1 These terms and conditions apply to every offer, negotiation of an assignment and assignment between client and Robins hood.
2.2 If one or more provisions in these general terms and conditions are invalid or destroyed, the remaining provisions will continue to apply. In that case, the client and Robins hood will consult to replace the void or voided provisions with new provisions. These new provisions will correspond as much as possible to the void or voided part of the general terms and conditions.
2.3 If one or more provisions of these terms and conditions are unclear, then explanation must be given "in the spirit" of these provisions.
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 terms and conditions.
2.5 The terms and conditions of the client are expressly excluded.
2.6 The general terms and conditions can only be deviated from if this has been agreed in writing between the client and Robins hood.
2.7 Even though Robins hood does not always require strict compliance with these terms and conditions, Robins hood reserves the right to demand strict compliance with the provisions of these terms and conditions in other cases.
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3. The offer
3.1 All offers and quotations from Robins hood are without obligation, are valid for 30 days. After this the offer expires.
3.2 Robins hood cannot be held to his / her offer, if that offer, or a part thereof, contains an obvious mistake or error.
3.3 The prices stated in an offer are exclusive of VAT and other government levies, unless stated otherwise.
3.4 The prices stated in an offer are exclusive of costs, including travel and accommodation, shipping costs, unless stated otherwise.
3.5 If acceptance of the offer differs from the offer included in the offer, Robins hood is not bound by it. The assignment is only established in accordance with this deviating acceptance if Robins hood indicates this.
3.6 A package quotation does not oblige Robins hood to perform part of the assignment against a corresponding part of the stated price.
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4. The assignment
4.1 The assignment includes what the client and Robins hood have agreed.
4.2 Before the assignment is concluded, the client and Robins hood consult as far as possible and relevant about:
a. the content and scope of the work to be performed;
b. making a program of requirements available and when they will be provided;
c. a payment schedule;
d. an estimate of the fee and the additional costs;
e. how and how often information transfer and consultation between client and robins hood takes place;
f. how to deal with subjects that cannot yet be determined at the time of the conclusion of the agreement (this includes, among other things, additional and / or less work).
4.3 The assignment is established by written confirmation by the client and Robins hood.
4.4 The client and Robins hood are free to prove the existence and the content of the assignment by other means.
4.5 The assignment is entered into for an indefinite period of time, unless it follows from the nature or scope of the assignment that it was entered into for a definite period of time.
4.6 Robins hood determines the way in which and by whom the assignment will be carried out. The provisions of Article 7: 404 of the Dutch Civil Code and Article 7: 407 (2) of the Dutch Civil Code are excluded.
4.7 Assignments to third parties in the context of the realization of the object are issued by or on behalf of the client. The client can appoint robins hood to act as the client's authorized representative. Engaging these third parties is at the expense and risk of the client.
4.8 If the appointment of one or more other (third-party) advisers proves necessary for the proper realization of the project, the client will only proceed with this after consultation with Robins hood.
4.9 If Robins hood or third parties engaged by Robins hood carry out work at the client's location, the client will provide the facilities reasonably required by this person or persons. The costs of this are at the expense of the client. This also applies if the work is performed at a location designated by the client.
4.10 If it appears during the execution of the assignment that it is necessary for the proper execution of the assignment to adjust the assignment, the parties will consult with each other about this. Parties take each other's legitimate interests into account in this consultation.
4.11 There is in any case reason to adjust the assignment if:
- relevant changes occur in (government) regulations or decisions;
- relevant changes occur in the original assignment or the schedule of requirements;
- the client requires changes or variants of work that has already been approved;
- extra work during the execution of the assignment appears to be necessary.
4.12 If the consultation as referred to in 4.10 leads to an adjustment of the assignment, the parties will then act as described in Articles 4.1 to 4.3.
4.13 If the client wishes to interrupt the assignment, he is obliged to notify Robins hood in writing, stating the grounds. The parties will then consult to discuss the consequences. If Robins hood suffers damage as a result, the client is obliged to compensate that damage. Worked hours are payable by the client. Robins hood is obliged to limit the damage as much as possible.
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5. Obligations of Robins hood
5.1 By accepting the assignment, Robins hood undertakes a best efforts obligation. Robins hood will execute the assignment well and carefully, stand by the client independently and perform his / her services to the best of his knowledge and knowledge.
5.2 Robins hood is obliged to treat all client data confidentially, as far as Robins hood knows or can or should know that this data is confidential.
5.3 Robins hood keeps the client informed of the progress of the work, if necessary.
5.4 Robins hood takes into account relevant and legal regulations, as well as professional and behavioral rules, when carrying out the assignment.
5.5 The assignment is carried out according to the agreed timetable. However, this period or periods are not strict deadlines, unless agreed otherwise.
5.6 Robins hood informs the client which person or persons are authorized to represent robins hood or perform work because this is desirable for an optimal execution of the assignment.
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6. Obligations of the client
6.1 The client is obliged to treat all robins hood data confidentially, insofar as the client knows or can or should know that this data is confidential.
6.2 The client is obliged to make all data and information required for the execution of the assignment available to robins hood in time. He is responsible for the accuracy of the information provided. If this is not or not timely met, Robins hood is entitled to suspend the assignment and / or to charge all costs resulting from the delay.
6.3 The client will timely review all documents that robins hood produces and check for accuracy.
6.4 The client is obliged to warn Robins hood if he has found a shortcoming in the recommendations or must have been aware of this.
6.5 The client informs Robins hood as soon as possible, but no later than ten working days after receiving the advice of a shortcoming.
6.6 The client makes the payments due to Robins hood at the latest at the agreed or indicated times.
6.7 The client indemnifies Robins hood or persons engaged by Robins hood against claims from third parties arising from the applications or use of the result of the assignment. Should Robins hood nevertheless be approached by third parties, the client will assist Robins hood both in and out of court and will do everything that may be expected of it in this case. If the client fails to do this, Robins hood is entitled to do this itself. All costs that Robins hood makes as a result are for the account of the client.
6.8 The client remains responsible at all times for the choices and applications of the advice given by Robins hood.
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7. Liability
7.1 Robins hood is liable to the client for damage that the client directly suffers if:
a) there is an attributable deficit and
b) the client has held Robins hood liable in writing and
c) Robins Hood has not repaired the consequences of the shortcoming or has not recovered them in time.
7.2 The direct damage does not in any case include: business damage, loss of production, turnover and loss of profit, additional costs for the realization of the work for which the assignment was issued that would have been included in the costs if the assignment were to be good from the start executed.
7.3 If the client is of the opinion that Robins hood has failed in the fulfillment of his / her obligations, he shall hold this liable in writing and gives the opportunity to rectify the shortcoming (s) at his own expense.
7.4 If Robins hood is liable according to article 5.1, the direct damage suffered by the client must be compensated.
7.5 The damage to be compensated by Robins hood is limited per assignment to the amount of the agreed fee, excluding VAT.
7.6 The legal claim on account of a culpable shortcoming is inadmissible if the client does not protest with reasonable urgency after he has discovered the shortcoming or should have reasonably discovered it, in writing and supported by reasons with Robins hood.
7.7 The legal claim on account of a culpable shortcoming expires after one year after a written protest has been made regarding a culpable shortcoming.
7.8 The legal claim based on a culpable shortcoming is inadmissible if it is instituted later than one year from the day on which the assignment was terminated by completion, cancellation or dissolution.
7.9 Any liability of Robins hood expires after one year from the day on which the assignment was terminated by completion, cancellation or dissolution.
7.10 If the client is a consumer, the provisions on liability also apply, unless the provisions can be regarded as unreasonably onerous.
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8. Termination of the assignment and the consequences
8.1 The client and Robins hood have the right to cancel the agreement at any time without reason or on the grounds of:
- delay or interruption of the assignment;
- attributable shortcomings of the client or Robins hood;
- force majeure;
- financial inability;
- change in legal or cooperation form;
- passing away;
- becoming disabled for a specific person.
8.2 If the delay or interruption of the assignment lasts for such a long time or is of such a nature that it is unreasonable to request fulfillment of the assignment, then the client and Robins hood have the right to cancel the assignment on this ground.
8.3 An attributable shortcoming exists if the client or Robins hood could have and should have avoided that shortcoming in accordance with the normal rules of attention. With Robins hood there is also a culpable shortcoming if it could have been prevented if Robins hood had the required expertise and resources. If the client or Robins hood acts reprehensibly, this will have the same consequences as an attributable shortcoming. The other party of the party on whose side the attributable shortcoming occurs, has the right to cancel the assignment on this ground. Has damage been caused by the
attributable shortcoming or reprehensible action, the injuring party may claim compensation on the basis of the provisions in chapter 7.
8.4 Force majeure exists if due to facts or circumstances that cannot be attributed to a party, compliance with the agreement cannot reasonably be expected. Force majeure also occurs if facts or circumstances arise that are not for the account of the law, legal act or generally accepted opinion. In any case, this is understood to mean: illness (s), strikes, traffic disruptions, fire, bad weather, terror and war. The party on whose side the force majeure occurs is entitled to cancel the assignment.
8.5 Financial inability exists if the client or Robins hood has applied for a suspension of payment or debt restructuring or has been declared bankrupt. If there is financial inability or there are reasons to believe that the other party will not (fully) meet its / its obligations, then the other party may demand a written statement stating that the other party is willing and able to carry out the assignment to continue. If the assignment is continued, the other party has the right to demand sufficient security. If the requested declaration or the required security is not issued within a certain period, the other party has the right to cancel the assignment on this ground.
8.6 A change in legal or cooperation form exists if a party loses its legal personality (as in the case of a merger) or it is decided to dissolve the legal person. If such a situation occurs and the other party derives a reasonable interest from that circumstance, the other party is entitled to cancel the assignment on that ground.
8.7 The assignment does not end due to the death of one of the parties. It does, however, give the other party and the heirs or assigns of the deceased the right to cancel the assignment.
8.8 If the assignment has been entrusted to a specific person and this person becomes unfit for work or dies, this gives the client the authority to cancel the assignment.
8.9 The assignment is canceled in writing, stating the reason (s) of cancellation and the date on which the cancellation takes effect. The cancellation will not take effect until Robins hood has received the notification about this. After the cancellation, both parties are obliged to do everything, to leave it behind and to tolerate that it may be asked to do so in view of the other party's reasonable interests.
8.10 If the assignment is canceled, the client must pay Robins hood:
a) the fee and the additional costs according to the status of the work at the time of cancellation and
b) all costs incurred and yet to be incurred, arising from obligations that the stylist had already entered into at the time of cancellation with a view to the further fulfillment of the assignment.
8.11 If the assignment is terminated by the client on a ground that lies with the client or without reason, then the client is obliged to pay a compensation of 50% of the (remaining) part of the costs that the client would owe for the full amount. fulfillment of the assignment. This reimbursement is not due if it is canceled on the grounds of death or force majeure.
8.12 If the assignment has been canceled by the client without grounds, or on reasons that lie with the client, the client may only use the advice of robins hood (or have it used) after prior written permission from robins hood.
8.13 Robins hood may attach conditions to its consent, including the payment of a fee and the right to see to it that the advice is used according to its intentions.
8.14 If the execution of the object has already been started, the client may also use the advice without the permission of Robins hood. The provisions of 8.13 remain applicable.
8.15 The provisions of articles 8.11, 8.12, 8.13 and 8.14 also apply if Robins hood has canceled on a ground located with the client.
8.16 If the assignment is terminated by Robins hood on a ground that lies with the stylist or without reason, then the payment obligation of the client on the grounds of Article 8.10 does not extend beyond the extent that the work and costs can be useful to the client. In addition, the client may deduct 50% from the amount that he is required to pay to the stylist. The above does not apply in the event of termination due to force majeure or death.
8.17 If Robins hood has canceled the contract without land or on land that is with the stylist, the client can give the advice without the consent of the use Robins hood (or have it used) unless reasonable interests of robins hood dictate otherwise. A compensation for copyright is not due in that case.
8.18 The provisions of 8.16 and 8.17 also apply if the client has canceled on a reason that lies with Robins hood.
8.19 Dissolution of an assignment on grounds other than those mentioned in chapter 8 of these general terms and conditions is not possible, unless the client is a consumer. The provisions in Chapter 8 on the consequences of cancellation also apply to the legal termination in that case.
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9. Property and Copyright of Robins hood
9.1 All intellectual property rights arising from the assignment, including patent law, design rights and copyright, belong to robins hood. If such a right can only be obtained through a deposit or registration, only robins hood is authorized to do so.
9.2 Robins hood has the exclusive right to disclose, implement and reproduce his / her designs, drawings, sketches, photos and all other images of his design, models and models and all other objects or
information carriers, which form an image or representation of his / her design or which are referred to in the Copyright Act, in the Uniform Benelux Act on Drawings and Models or in other intellectual laws and regulations.
9.3 Documents created by Robins hood in the context of the assignment become the property of the client after the client has met his financial obligations towards robins hood. The documents may be used in compliance with intellectual property law.
9.4 Even after Robins hood has given permission for the realization, publication or reproduction of its work, it retains the following rights:
to oppose disclosure of the work without stating his / her name;
b. to resist a change in the work;
c. to resist any malformation, mutilation or other damage to the work that could harm the honor or good name of the maker or his / her value in this capacity.
9.5 Robins hood has the exclusive right to take and multiply the interior and exterior of an object realized according to its design. Robins Hood does need permission from the client to make public the images that show the interior of the object after it has been realised.
9.6 Robins hood may repeat its advice after consultation with the previous client and as long as the interests of a previous client do not preclude this.
9.7 The client may only re-use the advice with written permission from robins hood. In that case, consultancy costs will be determined in consultation, taking into account the reimbursement for copyright.
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10. Financial provisions
10.1 The fee is the compensation that robins hood deserves for the work delivered, excluding the sales tax.
10.2 Additional costs include travel and accommodation costs incurred, administration costs, costs of engaging third parties and unforeseen costs.
10.3 The parties lay down in the agreement how the fee for robins hood and any additional costs are arranged. This can be based on the time spent by Robins hood at an agreed hourly rate, a fixed amount or another measure agreed between the parties.
10.4 In addition to the fee, the client owes the additional costs of Robins hood that are made when the assignment is fulfilled. The client must reimburse these costs separately, unless the parties have agreed otherwise.
10.5 If Robins hood agrees a fixed fee or fixed price with the client, then Robins hood is at all times entitled to increase this fee or this price, if that increase results from a power or obligation as a result of legislation or regulations or its cause is an increase in the price of raw materials, wages or other grounds that were not reasonably foreseeable when entering into the agreement.
10.6 For changes that robins hood has to carry out that are not due to an attributable shortcoming, the client owes separate costs. Changes as mentioned in clauses 4.10 or 4.12 that lead to a change in the activities of robins hood also lead to a review of the costs in consultation.
10.7 If the assignment is delayed or interrupted and this is not due to Robins hood, the client is obliged to compensate Robins hood for the fee and the additional costs calculated according to the status of the work.
10.8 Robins hood invoices the fee and any additional costs according to an agreed payment schedule or, in the absence thereof, in monthly installments in proportion to the progress of the work, unless otherwise agreed.
10.9 Robins hood has the right to submit a final invoice as soon as the work has been completed or the agreement has been terminated.
10.10 The Robins hood invoice has been specified. At the client's request, the invoice will be provided with the necessary supporting documents.
10.11 The client pays the invoice within 14 days after sending that invoice, unless agreed otherwise.
10.12 If the client does not pay on time, and if this is not attributable to Robins hood, then he is in default without further notice of default being required. Robins hood has the right to charge the statutory interest rate on the unpaid amount from the day on which the payment term has expired.
10.13 If the client does not pay an invoice on time, Robins hood is entitled to suspend the execution of the assignment, provided that the client is given written notice to pay within seven days and that payment has not been received.
10.14 For the determination of what the client owes to Robins hood by virtue of the assignments given to robins hood and / or the general terms and conditions, the accounting / administration of robins hood is decisive. This subject to proof to the contrary by the client.
10.15 All costs incurred by Robins hood to get the invoice reimbursed, both judicial and extrajudicial costs, are for the account of the client.
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11. Applicable law and disputes
11.1 The law between the client and Robins hood is governed by Dutch law.
11.2 A difference of opinion between the client and Robins hood is resolved as much as possible in mutual consultation or through mediation. If this does not lead to a solution, disputes will be decided by the competent Dutch court.