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Terms and Conditions

Retrieved December 13, 2016. Last modified: July 2023
General Terms and Conditions HomeShow, located at Keienbergweg 59, 1101GA Amsterdam, registered with the Chamber of Commerce under number 67976387

Definitions

In these Terms and Conditions, the following terms are used in the following meanings unless expressly stated otherwise.

  • General Terms and Conditions: The general terms and conditions as stated below.
  • HomeShow B.V.: registered with the Chamber of Commerce under number 67976387.
  • Service: Any work, in any form, that HomeShow performed for or on behalf of the Client.
  • Fee: The financial compensation agreed upon with the client for performance of the assignment.
  • Assignment: The agreement to provide services.
  • Client: The person who has accepted the validity of these general terms and conditions and commissioned the service.
  • Agreement: any agreement entered into between HomeShow and the client
  • Assignment Agreement: any agreement entered into between HomeShow and the client.

Article 1 Scope

  1. These General Terms and Conditions apply to every offer and Agreement concluded between HomeShow B.V. and the Client, unless these General Terms and Conditions have been expressly deviated from by the parties in writing.
  2. These General Terms and Conditions also apply to agreements with HomeShow B.V., the execution of which requires the involvement of third parties.
  3. The applicability of any purchase or other General Terms and Conditions of the Client is expressly rejected.
  4. If one or more provisions of these General Terms and Conditions are found to be void or voidable, the General Terms and Conditions shall otherwise remain in force. In the event of this situation, HomeShow B.V. and the Client will consult with the aim of agreeing on new provisions to replace the void or nullified provisions.
  5. If HomeShow B.V. does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that HomeShow B.V. would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
  6. Deviations from the Agreement and General Terms and Conditions are only valid if expressly agreed in writing with HomeShow B.V..

Article 2 Quotations

  1. Quotations shall be made in writing and/or electronically, unless urgent circumstances make this impossible.
  2. All quotations from HomeShow B.V. are without obligation, unless the quotation states a deadline for acceptance. If a deadline for acceptance has been set in the quotation, the quotation will expire when this deadline has passed.
  3. HomeShow B.V. cannot be held to its offers if the Client should have understood, in terms of reasonableness and fairness and generally accepted views, that the offer or any part thereof contains an obvious mistake or clerical error.
  4. If the acceptance, whether or not on minor points, deviates from the offer included in the quotation, HomeShow B.V. will not be bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless HomeShow B.V. indicates otherwise.
  5. A composite quotation does not oblige HomeShow B.V. to perform part of the Assignment at a corresponding part of the quoted price.
  6. Quotes do not automatically apply to future orders or backorders.

Article 3 Formation of agreement

The Agreement is established by timely acceptance by the Client of HomeShow B.V.’s contract of assignment.

Article 4 Duration of Agreement

  1. The Agreement is entered into for one year, unless the nature of the Agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
  2. Upon expiration of the contract period, the agreement shall terminate by operation of law, unless both parties
    choose to renew the agreement.

Article 5 Hosting

  1. HomeShow B.V. has its own hosting at its disposal.
  2. HomeShow B.V. will never be liable for damage caused by breakdowns, malfunctions and shutdowns.

Article 6 Domain Registration

  1. The application and use of the Client’s domain name are subject to the applicable rules and procedures of the relevant registering authorities. The registering authorities are responsible regarding the domain name application. HomeShow B.V. is not responsible for honoring the domain name application.
  2. The Domain Registration is made in the name and at the responsibility of the HomeShow B.V..
  3. The Domain Registration is per 12 months and cannot be changed. After the expiration of 12 months, the domain registration will be renewed for the period of 12 months if the domain name has not been cancelled.4. Changing the domain registration counts as a new domain registration.
  4. HomeShow B.V. is never liable and responsible for the damage resulting from the content and use of the domain and domain name

Article 7 Development or maintenance of websites

  1. If the materials provided by the Client are protected by intellectual property, the Client warrants that he or she has the required licenses.
  2. HomeShow B.V. will try to keep the Client as informed as possible about the progress of the work.
  3. HomeShow B.V. will charge its hourly rate for additional work. Before HomeShow B.V. proceeds with additional work, the Client will be notified in advance.

Article 8 Webseite content

  1. HomeShow B.V. is not responsible for the content and information originating from the Client and posted on the website.
  2. HomeShow B.V. has the right to put the domain registration on hold and/or delete it if the content:
    – contrary to law;
    – Has a violent character or refers to a location with violent content;
    – discriminates on the basis of race, sex, political affiliation, religion or belief;
    – has a pornographic, erotic character or refers to a location with pornographic content;
    – encourages, promotes or commends illegal activities.
  3. HomeShow B.V. will never be liable for any damage caused by the fact that the Client’s Webseite contained unlawful content, unless HomeShow B.V. was aware that such content was unlawful.

Article 9 Materials

  1. Provided data, material and information may be used by HomeShow B.V. for promotion or advertising.
  2. The data, material and information provided may also be displayed through other channels. The Client agrees that data, material and information may also be displayed through other channels.
  3. HomeShow B.V. has the right to remove data, material and information if it violates the law or is unlawful.

Article 10 Draft pdf brochure

  1. The Client and HomeShow B.V. agree that the Client is responsible for correctly providing the content and information for the pdf brochure.
  2. HomeShow B.V. will design and deliver the brochure in accordance with the Client’s guidelines and requirements, unless otherwise agreed.
  3. The Client is not permitted to submit content and information if the content:
    – violates (inter)national law;
    – has a violent character or refers to a location with violent content;
    – discriminates on the basis of race, sex, political affiliation, religion or belief;
    – has a pornographic, erotic character or refers to a location with pornographic content;
    – encourages, promotes or commends illegal activities.
  4. Should one of the above situations occur, HomeShow B.V. has the right to dissolve the Agreement with immediate effect and without judicial intervention.
  5. HomeShow B.V. shall never be liable for any damage due to the fact that the Client’s pdf brochure contained unlawful, inaccurate or incomplete content or errors.
  6. HomeShow B.V. submits a proposal for the brochure to the client. On this proposal, the client may provide his or her feedback until the pdf brochure is to the client’s liking.

Article 11 Mobile application

If the client chooses to use a mobile application, the agreements as stated and agreed upon in the contract of assignment shall apply.

Article 12 Modification of agreement

  1. If during the execution of the Agreement it appears that for a proper execution it is necessary to modify or supplement the Agreement, HomeShow B.V. will inform the Client as soon as possible. The parties will then proceed to adjust the Agreement in a timely manner and by mutual agreement.
  2. If the parties agree to amend or supplement the Agreement, the time of completion of performance may be affected. HomeShow B.V. will notify the Client of this as soon as possible.
  3. If the amendment or supplement to the Agreement will have financial, quantitative and/or qualitative consequences, HomeShow B.V. will inform the Client in advance.
  4. If a fixed Fee and/or rate is agreed upon, HomeShow B.V. will indicate to what extent the change or supplement to the Agreement will affect the price. Hereby HomeShow B.V. will try, as far as possible, to give a quotation in advance.
  5. HomeShow B.V. will not be able to charge additional costs if the change or addition is the result of circumstances attributable to HomeShow B.V..
  6. Changes to the originally concluded Agreement between the Client and HomeShow B.V. are only valid from the moment these changes are accepted in writing by both parties through a supplementary or amended Agreement.

Article 13 Execution of Agreement

  1. HomeShow B.V. will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. HomeShow B.V. has the right to have certain work performed by third parties. The application of Articles 7:407 (2) and 7:409 of the Civil Code is expressly excluded.
  3. HomeShow B.V. has the right to execute the Agreement in phases.
  4. If the Agreement is executed in phases, HomeShow B.V. has the right to invoice each executed part separately and demand payment for it. If and as long as this invoice is not paid by the Client, HomeShow B.V. is not obliged to execute the next phase and has the right to suspend the Agreement.
  5. If the Agreement is executed in phases, HomeShow B.V. has the right to suspend the execution of those parts that belong to the next phase or phases until the Client has approved the results of the preceding phase in writing.
  6. The Client shall timely provide HomeShow B.V. with all data or instructions, which are necessary for the execution of the Agreement or which the Client should reasonably understand are necessary for the execution of the Agreement.
  7. If the above information and instructions are not provided or not provided on time, HomeShow B.V. will be entitled to suspend the execution of the Agreement. Additional costs incurred due to the delay shall be borne by the Client.
  8. The application of Article 7:404 of the Civil Code is expressly excluded.

Article 14 Fee

  1. The Fee and/or rates are expressed in Euros, excluding VAT and other government levies, unless otherwise indicated.
  2. The Fee is inclusive of travel, lodging, packaging, delivery or shipping and administrative costs, unless otherwise indicated.
  3. HomeShow B.V. will notify the Client of all additional costs or provide information on the basis of which these costs can be calculated by the Client in a timely manner prior to the conclusion of the Agreement.

Article 15 Modification of fees

  1. If HomeShow B.V. agrees on a fixed Honorarium and/or rate when concluding the Agreement, HomeShow B.V. is entitled to increase this Honorarium or rate, even if the Honorarium or rate was not originally given under reserve.
  2. If HomeShow B.V. intends to change the Fee and/or Rate, it will notify the Client as soon as possible.
  3. If the increase in the Fee or Rate occurs within three months of the conclusion of the Agreement, the Client may rescind the Agreement by written notice, unless:
    – The increase arises from a power or obligation of HomeShow B.V. under the law;
    – the increase is caused by an increase in the price of raw materials, wages, etc., or on other grounds that were not reasonably foreseeable at the time the Agreement was entered into;
    – HomeShow B.V. is still willing to execute the Agreement on the basis originally agreed upon;
    – stipulated that performance will be carried out more than three months after the conclusion of the Agreement.
  4. The Client is entitled to rescind the Agreement if the Fee or rate is increased more than three months after the conclusion of the Agreement, unless the Agreement stipulates that performance will be carried out more than three months after the conclusion of the Agreement.
  5. HomeShow B.V. will notify the Client in the event of an intention to increase the Fee or Rate. HomeShow B.V. will state the extent of and the date on which the increase will take effect.

Article 16 Implementation deadlines

  1. The work will be performed within a timeframe specified by HomeShow B.V.
  2. If a deadline has been agreed or specified for the performance of certain work, such deadline shall be indicative only and shall never be considered a deadline.
  3. If HomeShow B.V. needs information or instructions from the Client, which are necessary for the execution of the Agreement, the execution period will start after the Client has provided these to HomeShow B.V..
  4. If a term of execution is exceeded, the Client must give HomeShow B.V. written notice of default, in which HomeShow B.V. will still be given a reasonable term to execute the Agreement.

Article 17 Payment

  1. Payment shall be made by transfer to a bank account designated by HomeShow B.V. at the time of purchase or delivery, unless otherwise agreed.
  2. Payment must be made within 14 days of the invoice date, in a manner indicated by HomeShow B.V. and in the currency invoiced, unless otherwise agreed.
  3. The Principal is not authorized to deduct from the amount due any amount on account of a counterclaim asserted by him.
  4. HomeShow B.V. is entitled to invoice the Client for work performed in the preceding period. Invoicing takes place per completed website or assignment.
  5. HomeShow B.V. and the Client may agree that payment will be made in installments in proportion to the progress of the work. If payment by installments has been agreed upon, the Client must pay according to the installments and percentages set forth in the Agreement.
  6. Objections to the amount of the invoice do not suspend the payment obligation.
  7. After the expiration of 14 days from the invoice date, the Client shall be in default by operation of law without notice of default. The Client shall owe interest of 2% per month from the time of default on the amount due, unless the legal interest rate is higher.
  8. In case of bankruptcy, suspension of payment or receivership, HomeShow B.V.’s claims and the Client’s obligations to HomeShow B.V. are immediately due and payable.

Article 18 Collection costs

  1. If the Client is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Client. In any case, the Client shall owe collection costs.
  2. Regarding the extrajudicial (collection) costs, HomeShow B.V. is entitled, contrary to article 6:96 paragraph 5 of the Civil Code and the Compensation for Extrajudicial Collection Costs Decree, to a compensation of 15% of the total outstanding principal amount with a minimum of € 90 for each invoice that is not paid in full or in part.
  3. Any reasonable court costs and enforcement costs incurred shall also be borne by the Client.

Article 19 Suspension

If the Client fails to fulfill an obligation under the Agreement, in full or on time, HomeShow B.V. has the right to suspend fulfillment of the corresponding obligation. In case of partial or unsatisfactory performance, suspension is only permitted to the extent justified by the failure.

Furthermore, HomeShow B.V. is authorized to suspend fulfillment of its obligations if:

  • after concluding the Agreement HomeShow B.V. has become aware of circumstances that give good reason to fear that the Client will not fulfill its obligations;
  • the Client was requested, at the conclusion of the Agreement, to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;
  • circumstances arise which are of such a nature that fulfilment of the Agreement is impossible or that HomeShow B.V. cannot reasonably be required to maintain the Agreement unchanged. HomeShow B.V. retains the right to claim damages.

Article 20 Dissolution

  1. If the Client fails to fulfill an obligation under the Agreement or fails to do so fully, on time or properly, HomeShow B.V. is authorized to dissolve the Agreement with immediate effect, unless the shortcoming does not justify dissolution in view of its minor significance.
  2. Dissolution shall be by written notice without judicial intervention.
  3. If the Agreement is dissolved, HomeShow B.V.’s claims against the Client are immediately due and payable.
  4. If HomeShow B.V. dissolves the agreement on the foregoing grounds, HomeShow B.V. will not be liable for any costs or damages.
  5. If the dissolution is attributable to the Client, the Client shall be liable for the damage suffered by HomeShow B.V..
  6. Furthermore, HomeShow B.V. is authorized to dissolve the Agreement with immediate effect if:
  • after concluding the Agreement HomeShow B.V. has become aware of circumstances that give good reason to fear that the Client will not fulfill its obligations;
  • the Client was requested, at the conclusion of the Agreement, to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;
  • because of the delay on the part of the Client, HomeShow B.V. can no longer be required to fulfill the Agreement at the originally agreed conditions;
  • circumstances arise which are of such a nature that fulfilment of the agreement is impossible or that HomeShow B.V. cannot reasonably be required to maintain the agreement unchanged;
  • the Client is declared bankrupt, files a petition for suspension of payments, applies for application of the debt restructuring of natural persons, faces an attachment of all or part of its property;
  • the Client is placed in receivership;
  • the Principal dies.

Article 21 Force majeure

  1. A shortcoming cannot be attributed to HomeShow B.V. or the Client, as the shortcoming is not due to his fault, nor by virtue of law, legal act or generally accepted practice. In this case, the parties are also not bound to fulfill the obligations under the Agreement.
  2. In these General Terms and Conditions, force majeure means, in addition to what is understood in the law and jurisprudence in this area, all external causes, foreseen or unforeseen, which HomeShow B.V. cannot influence and as a result of which HomeShow B.V. is unable to fulfill its obligations.
  3. Circumstances resulting in force majeure include: exclusion, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic impediments, blockades, import or export impediments or other government measures, delays in the supply of raw materials or machine parts, as well as any circumstances which obstruct the normal course of business, as a result of which HomeShow B.V. cannot reasonably be expected to comply with the agreement.
  4. HomeShow B.V. also has the right to invoke force majeure if the circumstance preventing (further) fulfillment of the Agreement occurs after HomeShow B.V. should have fulfilled its commitment.
  5. In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any damages.
  6. Both HomeShow B.V. and the Client may suspend all or part of their obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by written notice, without judicial intervention, without the parties being able to claim any compensation.
  7. If the force majeure situation is temporary, HomeShow B.V. reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both parties are entitled to dissolve the Agreement out of court.
  8. If HomeShow B.V. has already partially fulfilled its obligations under the contract or will be able to fulfil these at the time of the force majeure, and the fulfilled or still to be fulfilled part has independent value, HomeShow B.V. will be entitled to invoice the fulfilled or still to be fulfilled part separately. The Client is obliged to pay this invoice as if it were a separate Agreement.

Article 22 Research and advertising

  1. The Customer is obliged to examine the Service at the time of performance, but in any case within 7 days of performance. In doing so, the Customer must examine whether the quality and quantity of the Service provided corresponds to what has been agreed, or at least meets the requirements applicable to it in normal trade.
  2. Visible defects and shortages must be reported in writing to HomeShow B.V. within 3 days after performance of the Service.
  3. Non-visible defects and shortages must be reported to HomeShow B.V. within 3 days of their discovery.
  4. The right to (partial) refund of the price, repair or replacement or compensation shall lapse if defects are not reported within the prescribed period, unless a longer period results from the nature of the Service or circumstances of the case.
  5. HomeShow B.V. will reimburse the Client for any shipping costs incurred in returning the defective item at the Client’s written request. Costs other than shipping costs will never be reimbursed by HomeShow B.V. unless agreed upon in writing. Shipping costs will never be reimbursed if the Client has not requested HomeShow B.V. in writing for shipment.
  6. The payment obligation will not be suspended if the Client notifies HomeShow B.V. of the defect within the specified period.

Article 23 Liability

  1. The execution of the Assignment is done entirely at the risk and responsibility of the Client. HomeShow B.V. shall only be liable for direct damage caused by HomeShow B.V.’s gross negligence or intent.
  2. HomeShow B.V. will never be liable for indirect damages, including in any case consequential damages, lost profits, missed savings, business stagnation or immaterial damages of the Client.
  3. HomeShow B.V. is not liable for damage, of whatever nature, because HomeShow B.V. relied on incorrect and/or incomplete information provided by the Client, unless HomeShow B.V. should have been aware of this inaccuracy or incompleteness.
  4. If HomeShow B.V. should be liable for any damage, HomeShow B.V.’s liability will be limited to the amount up to twice the amount stated in the invoice or up to the amount to which HomeShow B.V.’s insurance policy entitles HomeShow B.V., increased by the excess borne by HomeShow B.V. in accordance with the insurance policy.
  5. HomeShow B.V. shall not be liable for any mutilation, destruction, theft or loss of data or documents.
  6. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of HomeShow B.V. or its managerial subordinates.
  7. The Client must report any damage for which HomeShow B.V. can be held liable to HomeShow B.V. as soon as possible, but in any event within 10 days of the damage occurring, under penalty of forfeiting any right to compensation for this damage.
  8. Any liability claim against HomeShow B.V. expires within one year after the Client became aware of the damaging fact or could reasonably have been aware of it.

Article 24 Indemnification

  1. The Client indemnifies HomeShow B.V. against any claims from third parties, who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.
  2. If HomeShow B.V. should be sued by third parties for this reason, the Client will be obliged to assist HomeShow B.V. both extra-judicially and judicially. All costs and damages on the part of HomeShow B.V. and third parties will further be at the expense and risk of the Client.

Article 25 Limitation period

For all claims against HomeShow B.V. and the third parties engaged by HomeShow B.V. (if any), a limitation period of one year applies, contrary to the statutory limitation periods.

Article 26 Intellectual property

  1. HomeShow B.V. reserves the rights and powers vested in it under the Copyright Act and other intellectual laws and regulations.
  2. HomeShow B.V. reserves the right to use any knowledge gained from the execution of the work for other purposes, as long as no confidential information is brought to the attention of third parties.

Article 27 Confidentiality

Both HomeShow B.V. and the Client are obligated to maintain confidentiality during the term and after termination of the Agreement regarding all facts and details concerning the company that he or she knows or can reasonably suspect to be confidential. This duty of confidentiality also includes all data of employees, clients, customers and other relations of which knowledge has been obtained pursuant to the Assignment.

Article 28 Privacy Statement

The terms stated in HomeShow B.V.’s separate privacy statement apply to these terms and conditions. These are provided separately with the assignment agreement and can be obtained from us upon request or viewed on HomeShow B.V.’s website.

Article 29 Service mails

  1. Client agrees to receive service emails upon signing assignment agreement. These are emails in support of client services. No more than once a month, HomeShow B.V. will inform its client.
  2. The purpose of the service emails is to inform and support client in the best possible way with the services provided by HomeShow B.V..
  3. Servicemails will be sent to the client by e-mail.
  4. The Client may unsubscribe from these emails in writing or via the hyperlink at any time. The Client will then no longer receive messages.

Article 30 Amendment of general terms and conditions

  1. HomeShow B.V. has the right to change these terms and conditions unilaterally.
  2. Changes will also apply with respect to agreements already entered into.
  3. HomeShow B.V. will notify the Client of the changes by e-mail.
  4. Changes to the General Terms and Conditions will be effective after thirty days after the Client has been notified of the changes.
  5. If the Client does not agree with the announced changes, the Client has the right to terminate the agreement.

Article 31 Applicable law and disputes

All legal relationships to which HomeShow B.V. is a party are exclusively governed by Dutch law. This also applies if an obligation is performed in whole or in part abroad or if the Client is domiciled abroad. 2. The applicability of the Vienna Sales Convention is excluded. 3. Disputes between HomeShow B.V. and the Client will be submitted exclusively to the competent court in the district of Central Netherlands, unless the law imperatively prescribes otherwise.

Article 32 Location

These General Terms and Conditions are filed with the Chamber of Commerce under number 67976387

HomeShow B.V.
Keienbergweg 59
1101 GA Amsterdam
Holanda

KVK 67976387
BTW NL856075322B01