Terms & Conditions | O'Neill CS

CONDITIONS

Article 1 – Definition

In these general terms and conditions the following definitions apply:

• O'Neill Creative solutions is located in Haarlem, registered with the Chamber of Commerce under number: 71238522.

• The interior designer: O'Neill Creative Solutions who carries out work on behalf of the client in the field of interior design and interior construction.

• Client/customer: the natural or legal person who has instructed O'Neill Creative Solutions as the other party to carry out work.

• The assignment or agreement: the agreement between the client and O'Neill Creative Solutions with regard to the performance of work by O'Neill Creative Solutions

Article 2. Applicability of general terms and conditions

These general terms and conditions apply to all offers and order confirmations regarding services from O'Neill Creative Solutions, deliveries of goods by O'Neill Creative Solutions and furthermore to all other agreements concluded with O'Neill Creative Solutions, unless otherwise stated or the parties expressly deviate from these conditions. General terms and conditions used by the client do not apply unless they have been expressly accepted in writing by O'Neill Creative Solutions.

Article 3. Quotations and order confirmations

• The quotations drawn up by O'Neill Creative Solutions are entirely without obligation and can be revoked until the moment of agreement.

• An assignment provided, with a clear description, will be confirmed in writing by O'Neill Creative Solutions and signed for approval by the client.

• Oral agreements and stipulations are only binding after they have been confirmed in writing by O'Neill Creative Solutions, whether or not by e-mail.

• The offers and quotations drawn up by O'Neill Creative Solutions do not apply to future assignments, unless stated otherwise.

Article 4. Execution of assignment

O'Neill Creative Solutions carries out its work to the best of its knowledge and ability and is the client's confidant and advisor. O'Neill Creative Solutions assumes the accuracy of the data and information provided by or on behalf of the client. If during the execution of the assignment it appears that this information was insufficient, 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

• O'Neill Creative Solutions' compensation can be agreed as follows:

A. According to a percentage of the final renovation and furnishing sum of the project, plus additional work charged (possibly by contractors);

B. Based on a predetermined hourly rate;

C. A fixed amount, excluding the turnover tax owed by the client

• In addition to the reimbursement mentioned in paragraph 1, travel and accommodation costs (public transport 100% or fuel € 0.19 excl. VAT per kilometer), parking costs, telephone costs (per design process € 55.00 excl. VAT), printing costs, costs for hiring an external expert, costs for required (design) materials, fees for applying for permits/assessment by the aesthetic committee, constructive calculations by the constructor and other unforeseen costs for reimbursement by the client.

Article 6. Fee for modified assignment

• For additional work (additional work) that O'Neill Creative Solutions carries out as a result of:

A. changed (government) regulations or government restrictions; or

B. modification of the design at the request of the client, after the design has been established or approved. See appendices for design phases.

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

Article 7. Payment and collection costs

• Invoices from O'Neill Creative Solutions must be paid within 14 days of the invoice date to ING account NL08 INGB 0008 2668 95 in the name of O'Neill Creative Solutions.

• O'Neill Creative Solutions has the right to charge its fee monthly for work performed.

• 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 rate for companies and government institutions is 8% per month and for private individuals 3% per month.

• All costs incurred in obtaining 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 O'Neill Creative Solutions for the legal assistance costs actually incurred by O'Neill Creative Solutions. The activities of the legal assistance provider must be reasonably burdensome according to the standards of the Dutch Bar Association.

• All claims of O'Neill Creative Solutions become immediately due and payable if the client has applied for suspension of payments or debt restructuring within the meaning of Article 284 et seq. of the Civil Code, or is declared bankrupt, or otherwise encounters payment problems. The same applies if the client converts his company into another legal form, or transfers it to a third party, or moves his place of business and/or residence abroad.

Article 8. Duration and termination

• In the event of premature termination of the assignment by the client without O'Neill Creative Solutions failing to fulfill the assignment, as well as in the event of premature termination by O'Neill Creative Solutions due to culpable actions of the client, O'Neill Creative Solutions is entitled to be claimed: 125%

of the fee, calculated based on the status of the work at the time of termination;

B. The reimbursement of all costs incurred and to be incurred resulting from the obligations that O'Neill Creative Solutions has already entered into at the time of cancellation with a view to fulfilling the assignment.

• Any cancellation must be made by registered letter stating the reason for cancellation.

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, O'Neill Creative Solutions will inform the client in a timely manner about the delay and the costs this entails.

• O'Neill Creative Solutions is not liable for delays caused by third parties.

• By signing the agreement, the client indicates that he will reserve at least 3 hours per week for the design process. If the process requires more time, the client will have to make the time that O'Neill Creative Solutions deems necessary.

• If the client does not (cannot) meet the requirement as described in Article 9, paragraph 3, Article 9, paragraph 5 will come into effect.

• If the execution of the assignment is delayed or interrupted due to the actions of the client, the client is obliged to pay or reimburse O'Neill Creative Solutions for the labor costs resulting from this delay. O'Neill Creative Solutions charges a rate of € 119.00 excl. VAT per day, between the time of planned delivery and actual delivery.

Article 10. Deviations from design

• By signing the agreement, the client agrees to the artistic freedom of O'Neill Creative Solutions and thus gives it all the space to complete the concept as it sees fit, of course based on the program of requirements.

A. If, despite the agreement, O'Neill Creative Solutions still wants to change something in favour of quality, this can be done in consultation with the client.

• Deviations of minor importance between the work delivered by O'Neill Creative Solutions on the one hand and the original design on the other cannot give rise to rejection, discount, compensation or dissolution of the assignment. Deviations that, taking all circumstances into account, reasonably have no or only a minor influence on the useful value of the design, are always regarded as deviations of minor significance.

Article 11. Ownership & Copyrights

• Originals of drawings, sketches, specifications, budgets, reports and other documents produced by O'Neill Creative Solutions in the fulfillment of the assignment remain the property, regardless of whether they have been made available to the client or to third parties.

• O'Neill Creative Solutions has the right, to the exclusion of anyone else, to realize, make public, 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. . Execution of drawings and models, regardless of whether they have been made available to the client or to third parties.

• The client is not permitted to repeat the execution of an O'Neill Creative Solutions design, or part thereof, without the express permission of O'Neill Creative Solutions.

• If the client wishes to take over the original and thus the ownership and copyrights, this can be agreed.

A. When taking over ownership and copyrights, the client owes O'Neill Creative Solutions compensation. O'Neill Creative Solutions exclusively reserves the right to use the design (result) and/or photos for acquisition purposes.

Article 12. Liability

• If certain parts of the project, including construction and installation advice, are carried out by external experts, O'Neill Creative Solutions is not liable for these parts and for the actions of these third parties.

• The buyer is obliged to indemnify O'Neill Creative Solutions against any claim that third parties may assert against O'Neill Creative Solutions in connection with the agreement, insofar as the law does not prevent the relevant damage and costs from being borne by the buyer arrives.

• O'Neill Creative Solutions is never obliged to pay any compensation to the buyer or others, unless there is intent or gross negligence on the part of O'Neill Creative Solutions. O'Neill Creative Solutions is never liable for consequential or business damage, indirect damage and loss of turnover.

• If O'Neill Creative Solutions, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.

• O'Neill Creative Solutions is authorized to correct errors for which it is liable at its own expense and/or to limit or eliminate the resulting damage.

• The customer remains responsible for payments at all times.

• If the design of O'Neill Creative Solutions cannot be executed for the estimated amount and this circumstance is attributable to O'Neill Creative Solutions, then O'Neill Creative Solutions is only obliged to revise its design without being liable for additional costs. In that case, the costs for revising the design will be borne by O'Neill Creative Solutions.

• If the client has insured any risk for damage associated with the assignment or has transferred it to third parties, he is obliged to transfer his rights against the insurance company or said third party to O'Neill Creative Solutions, failing which the client will be held liable for O' Neill Creative Solutions will be increased by the amount of the compensation. is reduced.

• O'Neill Creative Solutions will take out professional liability insurance in respect of its liability as referred to in this article. At the request of the client, O'Neill Creative will provide documents showing that it has fulfilled this insurance obligation.

• Any claim for compensation lapses if the claim is not notified in writing to O'Neill Creative Solutions within 14 days after discovery of the damage or defect.

Article 13. Warranty

• O'Neill Creative Solutions guarantees that the goods to be delivered meet the usual requirements and standards that can be imposed on them and are free of any defects. O'Neill Creative Solutions guarantees a solid product.

• Proof of purchase is proof of warranty.

• To ensure the quality of its products, O'Neill Creative Solutions has taken several precautions to offer a 3-year warranty under normal use.

• if products or parts under warranty have been delivered by O'Neill Creative Solutions, additional costs such as assembly, plumbing and tiling, etc., will not be reimbursed by O'Neill Creative Solutions and O'Neill Creative Solutions cannot be held liable for these.

• No guarantee is given for minor deviations and/or discolorations that cannot be prevented technically and are of a general nature based on usage.

• Any (requested) assessment of a service (request) may give rise to these (assembly/assessment) costs being charged if it is shown that this is not due to a production or material error.

• O'Neill Creative Solutions reserves the right at any time to deviate from the warranty period stated in this document after assessment. To qualify under the warranty, O'Neill Creative Solutions expects the owner/user to follow the installation instructions before and during installation. O'Neill Creative Solutions also expects the owner/user to follow the instructions for use and maintenance. Please read the relevant installation, use and maintenance instructions carefully as incorrect installation, use or maintenance will void any warranty. Installation, use and maintenance instructions can be found on the website of each product and can also be sent upon request. For specific installation guidelines, also read article 15 of these General Terms and Conditions.

• All electrical appliances, such as all kitchen appliances purchased on behalf of the buyer through O'Neill Creative Solutions, are subject to the manufacturer's warranty of the relevant manufacturer and the buyer can also contact the service department of that manufacturer directly in the event of complaints or malfunctions.

• Have O'Neill Creative Solutions products installed by a certified installer. If no recognized installer has been engaged, no claim can be made under our warranty.

• Without prejudice to the provisions of this article, there can be no warranty if wear and tear can be considered normal and furthermore in the following cases:

– 1. if changes have been made to the product, including repairs that have not been carried out with the permission of O'Neill Creative Solutions or the manufacturer;

– 2. if defects are the result of improper use or improper use;

– 3. if damage is caused by intent, gross negligence or negligence.

• The buyer is obliged to return the product to O'Neill Creative Solutions to ensure proper assessment and settlement of the warranty claim. If a complaint is declared justified, O'Neill Creative Solutions undertakes to deliver an equivalent product, unless otherwise agreed.

• In addition to these warranty provisions, the statutory warranty provisions remain in force. An arrangement offered by the entrepreneur as a guarantee does not affect the rights that the consumer can assert against the entrepreneur under the law and the distance contract. A guarantee provided by the manufacturer or importer does not affect the rights that the consumer can assert against the entrepreneur under the law, the distance contract and the guarantee provided by the entrepreneur.

Article 14. Delivery

• If the delivery address differs from the billing address, the buyer must report this to the O'Neill Creative solutions planner no later than one week before delivery. The buyer must provide a clear and correct address (also for new construction).

• Our transporters must be able to reach the delivery address with medium to large trucks.

• The delivery times stated by O'Neill Creative Solutions are indicative, but can never be regarded as strict deadlines, unless expressly agreed otherwise in writing. The specified delivery times start when there is full agreement on the technical drawings from O'Neill Creative Solutions and the down payment has been received.

• When accepting the order, the buyer is asked for a desired delivery week. The order is planned as best as possible based on the desired delivery week and current production planning. When the order has been scheduled, the buyer will receive an email with the expected delivery date. If delivery is delayed by more than 7 days, O'Neill Creative Solutions will be notified so that the production schedule can be adjusted. When the order has been put into production as agreed, the final invoice must be paid as agreed.

• Our transporters drive the same routes in the Netherlands every week, no deviation from this is allowed. These routes determine the day of delivery during the week and are agreed with you and confirmed in writing.

• It is not possible for O'Neill Creative solutions to give an exact time indication in advance on the day of delivery. For transport by truck (with the exception of parcel services), the relevant driver calls the buyer half an hour to an hour before delivery, so that the buyer is given the opportunity to arrive on site.

• If an appointment cannot go ahead, the buyer must cancel it at least 24 hours in advance with O'Neill Creative Solutions. If an appointment is not canceled and a new delivery appointment must be made, O'Neill Creative solutions will charge €35.00 excl. VAT. VAT for additional delivery costs.

• The buyer (or someone else designated by the buyer) must be present to personally receive the shipment. The transporter is instructed not to leave the products unattended.

• If no one is present, the transporter will reload the product and take it away. Return shipping costs are €35 excl. VAT. The costs for rescheduling/aligning and having the product redelivered are €75 excl. VAT (administration and transport costs).

• The ordered goods will be delivered to the agreed address up to the first door on the ground floor by means of a hand truck/pallet truck, if this is accessible with a hand truck/pallet truck. The buyer must take care of further movement from the first door on the ground floor. The reason for this is that the drivers operate alone and working conditions such as hoisting are not permitted.

• If the driver cannot reach the building due to unreported obstacles, the product will be unloaded as close as possible to the specified address, directly next to the truck, and the buyer must arrange for further distribution.

• On the agreed delivery day, it is necessary that someone is present who can receive the goods and sign for receipt. Large products are often delivered to the buyer by their own O'Neill Creative Solutions driver. Immediately after receipt of the products, they must be checked for any damage, defects and/or errors. The O'Neill Creative Solutions driver takes photos of the product. The O'Neill Creative Solutions driver asks the recipient to sign the packing slip.

At the time of signing, O'Neill Creative Solutions assumes that the recipient has checked the products for damage, after which no further damage can be reported by the buyer and the costs for repairs will be borne by the buyer.

• In case of damage, the product must be returned immediately with the same carrier. This applies to both your own O'Neill Creative Solutions driver and any external transporter.

• In the event that the inspection of the products at the time of delivery together with the O'Neill Creative Solutions driver is absolutely impossible and in the event that the products are delivered to the buyer via an external carrier or via an external parcel service, is the inspection of the goods takes place after the departure of the carrier.

Any damage, errors or defects found must be reported by the buyer within 48 hours of receipt/delivery. This notification must be made via the complaints form on our website: www.oneillcreativesolutions/complaints procedure. The buyer must clearly describe the complaint and send photos. The buyer will immediately receive confirmation that O'Neill Creative Solutions has received the complaint. O'Neill Creative Solutions will respond to the buyer's complaint as soon as possible, but in any case within three days.

• In addition, never install products that contain damage, defects or errors. Assembled is accepted.

Article 15. Installation

• O'Neill Creative Solutions products are generally heavy / of heavy quality. The buyer must be properly informed about the suitability of the (thickness) walls and floors for installation.

• Have the kitchen, (bathroom) furniture, taps, plumbing and electricity installed by a certified installer. (we can recommend one for you)

• Only use acid-free sealant for installation.

• Never place bathroom furniture made of wood, MDF or veneer directly next to a bath or shower without proper separation, the furniture must hang free from splashing water.

• The bathroom where wooden, MDF or veneer furniture is placed must comply with the Building Decree in terms of ventilation: the ventilation capacity in the bathroom must be at least 14 dm3/s and must be exhausted directly outside. The power supply can be 100% via an overcurrent power supply (a gap under the door). A ventilation facility for a bathroom has a capacity of at least 14 dm³/s, determined in accordance with NEN 1087. This also applies to a bathroom combined with a toilet room. If the wooden, MDF or veneer furniture is not splash-proof and/or the ventilation standards are not met, no warranty claim can be made. A certified installer is aware of the ventilation standards.

Article 16. Withdrawal

• Any products custom-made or ordered specifically for the buyer cannot be returned. This also applies to most webshop products, as they are only produced or purchased at the request of and in accordance with the specific wishes of the buyer. For all other products, a 14-day return policy applies when ordering via our webshop. When returning, the buyer uses the O'Neill Creative Solutions Withdrawal Form. Request the form via email Info@oneillcreativesolutions.eu. Return costs will not be reimbursed by O'Neill Creative Solutions.

Article 16. Withdrawal

Article 17. Force majeure

• Force majeure means any circumstance that permanently or temporarily prevents fulfilment of the assignment and cannot be attributed to O'Neill Creative Solutions. Such as strikes in companies with which O'Neill Creative Solutions has concluded agreements, a general lack of required raw materials, unforeseeable delays at suppliers, as well as the event that O'Neill Creative Solutions is mentally or physically prevented from properly fulfilling the order. Job.

• In the event of force majeure, O'Neill Creative Solutions has the right to suspend its obligations. If the impediment to performance as a result of force majeure continues for more than one month, both parties are entitled to terminate the agreement, without either party being obliged to pay any compensation.

• If O'Neill Creative Solutions has already partially fulfilled its obligations when the force majeure occurs, or can only fulfill its obligations to a limited extent, O'Neill Creative Solutions is entitled to invoice this part separately and the client is obliged to pay this invoice. to fulfil. .

Article 18. Dissolution

If, after concluding the agreement, O'Neill Creative Solutions becomes aware of circumstances that give good reason to fear that the client will not fulfil the obligations, O'Neill Creative Solutions is entitled to terminate the assignment agreement in whole or in part without judicial intervention. intervention and reimbursement of costs. , damage and interest, unless the client provides appropriate security for the fulfilment of his obligations at first request.

Article 19. Applicable law and dispute resolution

Dutch law applies to the agreement between O'Neill Creative Solutions and the client. The court that hears disputes between O'Neill Creative Solutions and the client is the competent court in the district where O'Neill Creative Solutions is located, or the competent court according to the law, at the discretion of O'Neill Creative Solutions .

Article 20. Period of validity of general terms and conditions

The general terms and conditions are effective from August 1, 2015 and only apply to assignments entered into on or after this date.

Appendices Article 6 paragraph 1 b:

Design phases:

• Commencement of the assignment: The program of requirements is drawn up by O'Neill Creative Solutions, containing the wishes, requirements, budget and other applicable matters indicated by the client. O'Neill Creative Solutions will provide a quotation based on the program of requirements drawn up.

After the client has signed the agreement, the assignment starts and the general terms and conditions come into effect.

• Sketch design (SO): In this phase, the program of requirements is tested for feasibility, the area is measured (if necessary) and floor plans are drawn. As soon as O'Neill Creative Solutions expects that the program of requirements is feasible (within budget), this will be translated into an (interior) design. Sketches and images are used to give an impression in which feeling, layout and design are central. The sketch design is discussed with the client in the meantime, so that the design perfectly matches the client's expectations. The draft design can be changed once. Additional design costs are then passed on to the client. If the Sketch Design is approved in writing by the client, O'Neill Creative Solutions will proceed with the Preliminary Design. The design is laid down in rough lines.

• Preliminary design (VO): In this phase the sketch design is further developed and colors, materials and specific wishes/requirements are discussed in more detail. The design is now taking shape. Spatiality and colors are extensively tested by O'Neill Creative Solutions using drawings and visualizations. If the Preliminary Design is approved in writing by the client, O'Neill Creative Solutions will proceed with the Final Design. The design has been agreed and cannot be changed with the exception of Article 6; paragraph 1b and in article 10; referred to in paragraph 1a.

• Final Design (DO): The design is coordinated and developed in detail by O'Neill Creative Solutions, provided with working drawings, descriptions and parts lists. The final product quotation is then drawn up and presented to the customer. If the Final Design has been approved in writing by the client, O'Neill Creative Solutions will continue with the implementation phase. The design has been agreed and nothing can be changed except as provided in Article 6; paragraph 1b and in article 10; referred to in paragraph 1a.

• Execution phase: During the implementation of the project, O'Neill Creative Solutions extensively checks progress and quality. The design is fixed and cannot be changed.

• Delivery phase: When the implementation phase is completed, your interior project is ready for delivery. Before delivery, O'Neill Creative Solutions will check the completed work together with the client and the contractor/interior builder. If any defects are found, they must be resolved first. When any defects have been resolved, the official delivery is a fact.

If the execution of the assignment is delayed or interrupted due to circumstances that cannot be attributed to O'Neill Creative Solutions, the client is obliged to pay or reimburse O'Neill Creative Solutions for the costs resulting from this delay.

* For small-scale furnishing assignments such as one bathroom, one kitchen or one living space, we charge €250 excl. VAT design costs. You will then receive a number of design proposals, one 3D visualization and a no-obligation quote for the design selected by O'Neill Creative Solutions. The design can be changed once. After approval of the design, the final quotation will follow. This design fee will be invoiced following our free consultation, should you wish to proceed.

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