TERMS AND CONDITIONS

Article 1 – Definition

In these general terms and conditions the following definitions apply: SpeeZ interior design (hereinafter referred to as SpeeZ) located at Woubruggestraat 13-2 in Amsterdam. Interior designer Noelle Spee, who carries out work on behalf of the client in the field of interior design & advice.
The client: the natural or legal person who has instructed SpeeZ as the other party to carry out work.
The assignment or agreement: the agreement between the client and SpeeZ with regard to the performance of work by SpeeZ.

Article 2 – Applicability of general terms and conditions

These general terms and conditions apply to all quotations and order confirmations relating to the services of SpeeZ and all other agreements, unless otherwise stated or parties expressly deviate from these terms and conditions.

Article 3 – Quotations and order confirmations

The quotations drawn up by SpeeZ are completely without obligation and valid for up to 14 days after the quotation date. All amounts stated in SpeeZ's invoices and quotes are in euros and include VAT.
The quotations and quotations drawn up by SpeeZ are not valid for future orders, unless stated otherwise.
The quotation specifies what will be conceived, designed and possibly drawn up for you.
Oral agreements and stipulations are only binding after they have been confirmed in writing by SpeeZ, whether or not by e-mail.
After approval of the quote, with a 50% down payment, our team starts with the design.

Article 4 – Execution of assignment

SpeeZ performs its work to the best of its knowledge and ability and is the client's confidant and advisor. SpeeZ relies on the correctness of the data and information provided by or on behalf of the client. If during the execution of the assignment it turns out that this information was insufficient, too late or incorrect and adjustments to the assignment are necessary, the resulting additional costs will be charged to the client as additional work.

Article 5 – Fees, office costs and third party costs

SpeeZ's remuneration can be agreed as follows:

According to a percentage of the final renovation and furnishing sum of the project, plus additional work charged (possibly by contractors);
Based on a predetermined hourly rate;
A fixed amount, excluding the sales tax owed by the client
Travel costs if agreed in advance

Article 6 – Fees for changed assignment

The client owes a separate compensation for additional work (additional work) that SpeeZ carries out as a result of:

changed (government) regulations or government restrictions; or
modification of the design at the request of the client, after the design has been established or approved.

SpeeZ will inform the client in a timely manner about the nature of the additional work and additional costs, unless this is not possible due to circumstances and the performance of the additional work does not allow postponement or causes a serious delay.

Article 7 – Payment and collection costs

Invoices from SpeeZ must be paid within 14 days after the invoice date to account number NL49 KNAB 0258 86 71 91, stating the invoice number.

From the moment that the client is in default with regard to any payment obligation, interest is due on the outstanding amount. The statutory interest for companies and government agencies is 8% per month and for private individuals 2% per month.
All costs incurred to obtain payment of the invoice, both judicial and extrajudicial costs, are borne by the client.
If the collection of an invoice leads to legal proceedings, the client must reimburse the actual costs incurred by SpeeZ for legal assistance. The work of the legal assistance provider must be reasonably charged in accordance with the standards of the Dutch Bar Association.
All claims of SpeeZ become immediately due and payable when the client has requested a suspension of payments or debt restructuring within the meaning of Article 284 et seq. of the Bankruptcy Act, or is declared bankrupt, or otherwise encounters payment difficulties. The same applies if the client converts his company into another legal form, or transfers it to a third party, or moves the place of his establishment and/or his place of residence abroad.

Article 8 – Duration and termination

In the event of premature termination of the assignment by the client without any failure to comply with the assignment by SpeeZ, as well as in the event of premature termination by SpeeZ due to culpable actions of the client, SpeeZ is entitled to claim:

125% of the fee, calculated based on the status of the work at the time of termination;
The reimbursement of all costs incurred and yet to be incurred, arising from the obligations that SpeeZ has already entered into at the time of cancellation with a view to fulfilling the assignment.
Any termination must take place by registered letter stating the reason for termination.

Article 9 – Delay in the execution of the assignment

The client cannot claim full or partial dissolution of the agreement nor compensation for any damage suffered by the client. As far as possible, SpeeZ will inform the client in a timely manner about the delay and the costs this entails. SpeeZ is not liable for delays caused by third parties.

Article 10 – Deviations from design

By signing the agreement, the client agrees to SpeeZ's artistic freedom and thus gives him/her every opportunity to complete the concept at his/her own discretion, of course based on the program of requirements. a. If SpeeZ wants to make changes to the quality despite the agreement, this is possible in consultation with the client.
Deviations of minor significance between the work delivered by SpeeZ on the one hand and the original design on the other cannot constitute a reason for rejection, discount, compensation or dissolution of the order. Deviations that, taking all circumstances into account, reasonably have no or only a minor influence on the useful value of the design, are always considered to be deviations of minor significance.

Article 11 – Ownership and copyright

Originals of drawings, sketches, specifications, budgets, reports and other documents that SpeeZ has produced in the fulfillment of the assignment remain its property, regardless of whether they have been made available to the client or to third parties.
SpeeZ has, to the exclusion of anyone else, the right to create, publish, reproduce and repeat its designs, sketches, photographs and all other images of the design, as referred to in the Copyright Act 1912 or the Benelux Act on drawings and models, regardless of whether these have been made available to the client or to third parties.
The client is not permitted to repeat the implementation of a SpeeZ design, or part thereof, without the express permission of SpeeZ.
If the client wishes to take over the original and thus the ownership and copyright, this can be further agreed.
When taking over ownership and copyrights, the client owes SpeeZ a fee. In the event of takeovers, SpeeZ only reserves the right to use the design (result) and/or photos for acquisition purposes.

Article 12 – Liability

If certain parts of the project, including constructive and installation advice, are provided by external experts, SpeeZ is not liable for these parts and for the actions of these third parties.
SpeeZ is not liable for indirect damage to the client or third parties, including consequential damage and business damage.
SpeeZ is authorized to correct errors for which it is liable at its own expense and/or to limit or eliminate the damage resulting from those errors.
The client remains responsible for payments at all times.
If SpeeZ's design cannot be implemented for the estimated amount and this circumstance is attributable to SpeeZ, SpeeZ is only obliged to revise its design without being liable for additional costs. In that case, the costs of revising the design will be borne by SpeeZ.
If the client has insured any damage risk associated with the assignment or has transferred it to third parties, he is obliged to transfer his rights against the insurance company or the third party in question to SpeeZ, failing which SpeeZ's liability will amount to the amount of the payment. is reduced.
In the event of SpeeZ's liability, it is always limited to an amount equal to its fee for the damage to be compensated per assignment.
Any claim for compensation will lapse if the claim is not notified to SpeeZ in writing within 14 days of discovering the damage or defect.

Article 13 – Force Majeure

Force majeure means any circumstance that permanently or temporarily prevents fulfillment of the order and which cannot be attributed to SpeeZ. Such as strikes in companies with which SpeeZ has concluded agreements, a general lack of the required raw materials, unforeseeable delays by suppliers, as well as the event that SpeeZ is mentally or physically prevented from properly fulfilling the order.
In the event of force majeure, SpeeZ has the right to suspend its obligation. If the impediment to performance due to force majeure continues for more than one month, both parties are entitled to terminate the agreement, without either party being liable for damages.
If SpeeZ has already partially fulfilled its obligations when the force majeure occurs, or can only fulfill its obligations to a limited extent, SpeeZ is entitled to invoice this part separately and the client is obliged to pay this invoice.

Article 14 – Dissolution

If, after concluding the agreement, SpeeZ becomes aware of circumstances that give good reason to fear that the client will not meet his obligations, SpeeZ is entitled to dissolve the assignment agreement in whole or in part without judicial intervention and to compensate costs, damages and interest, unless the client, on first request, offers appropriate security for the fulfillment of its obligations.

Article 15 – Applicable law and dispute resolution

Dutch law applies to the agreement between SpeeZ and the client. The judge to hear disputes between SpeeZ and the client is the competent court in the district where SpeeZ is located, or the competent court according to law, at the discretion of SpeeZ.

Article 16 – Guarantees, research and complaints, limitation period

The goods and services to be supplied by SpeeZ meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Client must verify whether the use thereof is suitable for use there and meets the conditions set. In that case, SpeeZ may impose other warranty and other conditions with regard to the goods to be delivered or work to be carried out.
If the warranty provided by SpeeZ concerns an item that was produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise.
Any form of warranty will lapse if a defect has arisen as a result of or results from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Client and/or by third parties if, without written permission from SpeeZ, the Client or third parties have made or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if they have been processed or edited in a manner other than the prescribed manner. The Client is also not entitled to a warranty if the defect is caused by or is the result of circumstances over which SpeeZ has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.
The Client is obliged to inspect the delivered goods immediately when the goods are made available to him or the relevant work has been carried out. The Client must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any visible defects must be reported to SpeeZ in writing within seven days of delivery. Any invisible defects must be reported to SpeeZ in writing immediately, but in any case no later than fourteen days, after discovery thereof. The report must contain as detailed a description of the defect as possible, so that SpeeZ is able to respond adequately. The Client must give SpeeZ the opportunity to investigate a complaint.
If the Client submits a complaint in a timely manner, this does not suspend his payment obligation. In that case, the Client also remains obliged to purchase and pay for the goods otherwise ordered and what he has instructed SpeeZ to do.
If a defect is reported later, the Client is no longer entitled to repair, replacement or compensation.
If it has been established that an item is defective and a complaint has been made in this regard in a timely manner, SpeeZ will return the defective item within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Client, at the discretion of SpeeZ. , replace or ensure its repair or pay replacement compensation for this to the Client. In the event of replacement, the Client is obliged to return the replaced item to SpeeZ and to provide ownership thereof to SpeeZ, unless SpeeZ indicates otherwise.
If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs incurred by SpeeZ, will be fully borne by the Client.
After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Client.
Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against SpeeZ and third parties involved by SpeeZ in the execution of an agreement is one year.

Article 17 – Validity period of general terms and conditions

The general terms and conditions are effective from January 1, 2022 and only apply to assignments concluded on or after this date.

SPEEZ INTERIOR DESIGN