In these General Conditions for Consumers, the following terms are used:
The entrepreneur: Beem Buitenleven who offers and executes the activities mentioned below.
Activities: The preparation and execution of activities for or in connection with the delivery and installation of verandas and sun blinds. The supply of necessary materials for said activities. The giving of advice, the drawing up of plans and/or budgets for the execution of these activities.
Materials: All products and materials which fall within the scope of the entrepreneur.
Consumer: Natural person not acting in the exercise of a profession or business and who enters into an agreement with the entrepreneur.
These conditions apply to every offer made by the entrepreneur and to all contracts concluded between the entrepreneur and the consumer.
Article 3 - THE OFFER
Before an offer is made, the proprietor has the duty to find out all the relevant information about the work, and the consumer has the duty to provide the proprietor with this information. In addition, the entrepreneur shall inform the consumer of the offer and design costs in advance.
The entrepreneur prefers to make the offer in writing or electronically.
The offer is dated and is irrevocable for 30 days after the offer date, unless the offer indicates otherwise.
4. The offer contains a complete and accurate description of the goods to be delivered and/or the work to be carried out on the basis of the information supplied by the consumer to the entrepreneur in the first paragraph. This description must be sufficiently detailed to allow the consumer to make a good assessment of the offer.
The offer shall mention when the work will begin as well as an indication of the time of delivery.
The offer shall give an insight into the price of the materials and into the pricing method that will be used for the work to be carried out: contract price or cost-plus pricing.
a. In the case of the contract pricing method, the parties agree on a fixed amount for which the work will be carried out, including VAT.
b. If the price method is a cost-plus pricing method, the proprietor gives a precise specification of the price factors, including VAT (e.g. the hourly rate and unit prices for the materials needed). At the consumer's request, the proprietor can give an indication of the expected execution costs by stating a recommended price. The hourly rate is understood to mean: the fee for carrying out work for one hour by one person, including VAT. The consumer is charged for the total number of hours that the entrepreneur worked for him, including the time spent on travelling to and from the work.
7. The offer states the method of payment and the payment conditions.
The offer is accompanied - either in writing or electronically - by a copy of these General Terms and Conditions.
Unless explicitly agreed otherwise, the entrepreneur retains the intellectual property of, among other things, all designs, images, drawings and sketches provided. They must be returned immediately at the first request of the proprietor, without prejudice to other legal measures available to the proprietor to safeguard his rights.
10. The consumer is forbidden to duplicate, make public, exploit or exhibit in any way, material of the entrepreneur which is subject to intellectual property rights, without permission of the entrepreneur. If the assignment for carrying out the work is not given to the proprietor, the offer, complete with designs, illustrations and drawings, will be returned to the proprietor within 14 days of the date of the decision or of the offer's expiry. Without explicit written permission from the copyright holder, the consumer is not allowed to carry out the design himself or have it carried out.
If agreed in writing or electronically, the consumer shall reimburse the proprietor for any preparation, design and/or drawing costs of which he has been informed in advance if the proprietor was invited to draw but was not commissioned to carry out work and/or supply items.
12. Compensation for changing invoice data after sending the invoice: administrative costs €25,00 excluding VAT.
The agreement shall be concluded through acceptance of the offer by the consumer. This acceptance should preferably be in writing. In case of electronic assignment, the entrepreneur sends an electronic confirmation to the consumer.
After a change in the offer, a new offer and order confirmation will be issued.
3. The acceptance of the offer is considered to have been made unchanged, if and when the consumer agrees to it, or clearly allows it to be started.
Obvious mistakes or errors in prospectuses, folders and/or publications, illustrations, drawings, offers, order confirmations and information provided are not binding on the entrepreneur.
The proprietor is required to inform himself about the presence of cables and pipes before starting any digging work. The consumer is obliged to provide the proprietor with all the information he knows about this.
6. Except as provided by law, the proprietor is not liable for damage to cables, pipes or other underground works and constructions that are hidden from view, nor for the possible consequences of such damage.
The consumer must ensure that, if and insofar as required, he has received the necessary permits and exemptions in time, that is to say before the proprietor should begin to carry out the contract.
2. The proprietor is not responsible for any damage caused by the consumer not obtaining or not obtaining in time the permits and exemptions needed for the implementation of the agreement.
All amounts and prices mentioned in offers and agreements shall include VAT. Interim price changes resulting from the law can be passed on to the consumer. The proprietor is entitled to pass on to the consumer any other price increases in cost-determining factors that have arisen after the contract was concluded but before delivery. If the proprietor does this within three months of concluding the contract, the consumer is entitled to dissolve the contract, which right he must exercise within eight days of notification of the price increase. Dissolution of the agreement in this manner does not entitle either party to compensation.
Changes to the agreement shall be considered as additional work if a higher price would result from it and as less work if a lower price would result from it.
Additional work and less work shall be recorded in advance in writing or electronically and carried out after approval, without prejudice to the obligation to pay the principal sum.
Completion of accepted work is taken to mean the actual handing over of the work to the consumer. The work is considered completed when the proprietor, after carrying out the work, has informed the consumer in writing that the work has been fully completed or if the consumer and the proprietor have jointly signed the completion form after carrying out the work. Furthermore, the work is considered to have been completed when the consumer starts to use the work, or starts to use it again, on the understanding that when part of the work is taken into use, that part is considered to have been completed.
2. The proprietor is entitled to hire third parties to carry out the work and deliver items.
In view of the nature of the materials used by the entrepreneur, the material may contain colour differences. Any differences in colour that are not noticeable at a distance of 5 metres lead to non-conformity of the materials supplied by the entrepreneur. In addition, the colour layer on/against moving parts is subject to wear and tear; this is part of the normal wear and tear of the materials.
2. The materials used by the Contractor may shrink and expand (under the influence of weather conditions), which may be accompanied by the corresponding (soft) sounds. The shrinking and expansion of the materials cannot be regarded as non-conformity of the materials supplied by the proprietor.
If the proprietor, by order of the consumer, has used natural materials, including for example wood, in carrying out his assignment, then there is no question of non-conformity if the natural materials referred to work or discolour or if cracks appear. Working, discolouring or crack formation is a characteristic of natural materials.
If the proprietor, by order of the consumer, has used non-insulated materials in carrying out his assignment, then there is no question of non-conformity if condensation forms on one or more of the materials used by the proprietor. Condensation forming on non-insulated glazing or materials is a normal phenomenon.
The proprietor is not responsible for defects that arise after delivery of the goods as a result of inexpert use or lack of care, or that are the result of changes that the consumer or third parties have made to the goods that were delivered. Neither is the proprietor responsible for any damage resulting from these defects.
The proprietor is not liable for (the consequences of) attaching or connecting the materials used by the proprietor in the implementation of the contract to constructions, installations or materials which turn out to be unsuitable and which the proprietor did not know or could not have known about. Furthermore, the entrepreneur is not responsible for damage caused by the consumer's sockets, wiring or sewage system to which the entrepreneur's products are connected. The consumer is responsible for ensuring that the connections and installations in question have been installed and/or checked by a recognised installer or plumber and that they are therefore suitable for the connection in question.
The proprietor is not liable for any defects, architectural or otherwise, in the consumer's property or property or any damage resulting from this.
8. The proprietor is not liable for damage caused by an incorrect bearing surface or subsidence of the bearing surface, unless the proprietor has fitted and/or adapted the bearing surface at the consumer's request.
9. The proprietor is not liable for any damage resulting from constructions and/or methods of working required by the consumer or from inaccuracies in the work commissioned by the consumer.
10. The materials and roof construction used by the proprietor are not suitable for walking on. If the consumer decides at any point to walk on the roof fitted by the proprietor, the proprietor is not liable for any damage resulting from this.
Creases and pinstripes resulting from the processing of awning fabric as well as waffle or fishbone patterns near the hems and seams of awning fabric are normal product characteristics and can never give rise to a complaint.
The proprietor vouches for the quality of the materials he supplies in accordance with the description given in the quotation. All this with due observance of the relevant statutory provisions and in line with the destination or the intended use.
The proprietor vouches for the regrowth of living materials delivered during the next growing season, unless exceptional weather and/or terrain conditions, or circumstances beyond his control, are involved.
1. The proprietor gives a one-year guarantee on the load-bearing surfaces/soils he installs, except in the case of new buildings. If the proprietor installs materials with/on recently built property, then the proprietor does not give a guarantee on the bearing surfaces/soil that he installs, due to the major risk of subsidence, which risk is not his responsibility.
2. The proprietor gives a one-year guarantee on moving parts.
3. The Entrepreneur gives a two-year guarantee on LED spotlights Exclusive Line.
4. The proprietor gives a five-year guarantee on wooden components, provided that the woodwork has always been (demonstrably) maintained correctly and in good time by the consumer or on his behalf.
5. The proprietor has a ten-year guarantee on the aluminium profiles and on the polycarbonate roofing sheets (with the exception of condensation forming in the polycarbonate sheet in damp weather).
6. In any case, all defects fall outside of the guarantee:
a. That occur in and/or are wholly or partially the result of non-compliance or incorrect compliance with the operating and/or maintenance instructions by the consumer;
b. That are the result of changes made by or on the instructions of the consumer;
c. Are the result of normal wear and tear;
d. Are not the result of the work carried out by the proprietor;
The consumer can no longer appeal to the guarantees given by the proprietor if the consumer has not reported the defects in writing to the proprietor as soon as possible, but no later than 30 days after he has discovered them or should reasonably have discovered them.
If the entrepreneur decides to honor a claim based on the provisions in this article, the entrepreneur can choose between offering a suitable solution, repair of the defect or compensation for damages.
9. Implementing a replacement or repair during the guarantee period does not extend the liability for the original implementation.
In the event of force majeure, the delivery and other obligations of the entrepreneur can be suspended. If this period, in which fulfilment of the obligations of the entrepreneur is not possible due to circumstances beyond one's control, lasts longer than 90 days, both parties have the right to terminate the agreement, without any obligation to pay damages. If, when the force majeure takes effect, the entrepreneur has already partially fulfilled his obligations, or could only partially fulfil his obligations, he is entitled to separately invoice what has already been delivered. In that case, the consumer is obliged to pay this invoice as if it were a separate contract. Force majeure on the part of the consumer does not include the circumstance that the proprietor cannot carry out the work in accordance with the contract because other and/or preparatory work on the part of the consumer has not been carried out or has not been carried out on time.
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and in case law, all external causes over which the proprietor cannot exercise any control, but which prevent the proprietor from being able to meet his obligations, including strikes in the company of the proprietor or third parties, staff sickness, staff shortages, traffic jams, accidents, power or computer problems, fire, theft, government measures, poor weather conditions, lack of raw materials and late deliveries to the proprietor by third parties. The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment of the contract occurs after the entrepreneur should have fulfilled his obligation.
If, in the opinion of the proprietor, work cannot be carried out on time as a result of weather or temporary site conditions, he is entitled to suspend work for as long as these conditions persist, without the consumer being entitled to compensation.
If the work agreed on cannot be carried out, or can only be carried out in part, for a maximum of 90 days because of circumstances beyond the proprietor's control, the proprietor should contact the consumer immediately with the aim of making arrangements for alternative work.
1. The proprietor shall leave the place where he has carried out the work in a clean and tidy condition. In addition, the proprietor shall ensure that any waste produced during the performance of the work and any packaging materials are removed.
2. If, during implementation of the work, it emerges that the waste produced is contaminated, and the consumer has not informed the proprietor of this beforehand, then the proprietor is entitled to charge the consumer for the extra costs involved in disposing of the contaminated waste, in accordance with the applicable legislation and regulations, as contract extras in accordance with Article 6 paragraph 2 and 3.
Agreements or contracts with non-authorised employees of the entrepreneur or with third parties employed by the entrepreneur are not binding for the entrepreneur, unless he has confirmed them in writing or electronically.
1. All work carried out by the proprietor is charged without prejudice to the payment due for transport, processing and/or installation, provided that this work is not part of an agreed contract price and is therefore included in that price.
Payment must be made in a guaranteed means of payment accepted by the entrepreneur, unless otherwise agreed in writing.
3. Invoices must be paid within 14 days of the invoice date.
4. If payment in instalments has been agreed, the consumer must pay according to the instalments and percentages as laid down in the agreement.
5. Payment must take place in the manner specified in the offer.
6. The proprietor is entitled to require the consumer to pay a maximum of 50 per cent of the contract sum in advance.
The consumer is in default once the payment date has passed. This default is not cured by the proprietor sending a final payment reminder after the payment deadline has passed and giving the consumer the opportunity to pay within 14 days of receiving this reminder.
If there is still no payment after the payment reminder has expired, the entrepreneur has the right to charge interest from the expiry of the payment date. This interest is equal to the statutory interest.
3. If payment is not made in time, the proprietor has the right to suspend compliance with the contract for an indefinite period.
4. All reasonable costs resulting from non-payment or late payment are at the expense of the consumer.
All items delivered, unless they are attached to the earth or nails, remain the property of the entrepreneur as long as they are not paid for, or not fully paid for.
In as far as the proprietor's reservation of title in respect of the items delivered is cancelled as a result of accession or conversion, the proprietor establishes a non-possessory pledge on the affected item or the converted item in favour of the proprietor as security for all that the consumer owes and will owe the proprietor, for whatever reason. If the item supplied is an inseparable part of a registered property, a right of mortgage can be established.
If the proprietor makes use of his rights resulting from this article, then all costs resulting from this, including those the proprietor deems necessary to preserve his rights, are at the expense of the consumer.
1. If the proprietor's business is wound up or dissolved before the work is completed, the persons entitled under him are not obliged to complete this work, even if the business is continued in some way. In that case, the consumer should pay the assignees the contract price, less a reasonable amount for the unfinished part of the work, or, in the case of cost-plus work, the amount owed up to the time of the proprietor's death, calculated in accordance with these Terms and Conditions.
2. The proprietor has the right to suspend compliance with the contract for an indefinite period if the consumer is declared bankrupt, if the legal debt rescheduling arrangement is applied, if the consumer has submitted an application for suspension of payments or if the consumer dies.
The proprietor is liable for demonstrable damage caused to the building and fittings, persons or property of persons during the implementation of the contract and which can be attributed to negligence, carelessness or wrongful acts on the part of the proprietor, his personnel or his subcontractors, if any.
If the contract fully or partially involves the delivery of items, the following applies upon delivery to the consumer: if damage to items is observed, the consumer should note this on the receipt. Furthermore, the consumer should report this to the proprietor as soon as possible after delivery, in default of which the consumer is expected to accept the goods, except for what is determined in the law. If at the time of delivery there is no opportunity to inspect the items delivered, the consumer should also make a note of this on the receipt.
The consumer is also responsible for taking all measures within reasonable limits that could have prevented or limited the damage.
With due observance of that which is stipulated in this article, the entrepreneur is liable for damage caused by or during implementation of the agreement. The damage shall be compensated up to a maximum of €1,250,000 per event, without prejudice to legal liability.
5. The consumer indemnifies the proprietor against third-party claims against the proprietor if the proprietor has caused damage because the consumer or third parties whom the consumer has appointed to carry out the assignment have provided insufficient or incomplete information which, if the proprietor had been aware of this information, could have led to prevention or limitation of the damage.
The proprietor is not liable if the damage can be attributed to deliberate acts/omissions or injudicious or improper use by or on behalf of the consumer.
The entrepreneur is not liable for damage of any kind, caused by the fact that the entrepreneur relied on incomplete or incorrect data and/or information provided by or on behalf of the consumer. Furthermore, the proprietor is not liable for defects in or as a result of materials or aids made available by or on behalf of the consumer.
The proprietor is not liable for damage, of whatever nature, that arises during maintenance of or cleaning of the work or a part thereof. The proprietor advises the consumer to take protective measures when cleaning or sanitising the work or a part thereof, for example but not exclusively the cleaning of the gutters.
The consumer is liable to the proprietor for any damage caused by a shortcoming or delay that can be attributed to him.
10. The proprietor is not liable for any damage resulting from bringing a part of the work or the whole work into use at an early stage.
Complaints about the implementation of the agreement must be submitted to the entrepreneur in a complete and clearly described manner, in good time after the consumer has discovered the defects. Not submitting the complaint in time can result in the consumer losing his rights in the matter.
Complaints do not suspend the consumer's obligation to pay, unless the entrepreneur has indicated in writing that he considers the complaint to be justified and has agreed to suspend the consumer's obligation to pay.
The entrepreneur has the right to have the complaint investigated by an independent third party within four weeks after the complaint was submitted. The consumer will then cooperate.
4. Complaints regarding the implementation of the work or the delivery of the items do not discharge the consumer from his obligation to take the normal care that may be expected of him after completion of the work or delivery of the items.
Failure to provide adequate maintenance, after completion, can lead to the consumer losing his rights in this matter.
Individual deviations must be recorded in writing or electronically between the entrepreneur and the consumer.
2. Dutch law applies exclusively to all legal relationships to which the entrepreneur is a party.
3. The parties will only appeal to the courts after they have done their utmost to settle a dispute in mutual consultation.