Terms and Conditions

These are the general terms and conditions of HomeAdorn B.V. (“HomeAdorn”). The address of HomeAdorn is HomeAdorn, with Chamber of Commerce number: HomeAdorn.

If you have any questions about these terms, you can contact us at info@HomeAdorn.co.uk, or by mail: HomeAdorn B.V.

We reserve the right to modify these general terms and conditions. You agree that the latest version of these terms will apply to the agreement. Any deviations from these terms are valid only if documented in writing.

Article 1 – Services

Our services include offering an affiliate program, proprietary products, and online services.

Article 2 – Application of General Terms and Conditions

These general terms and conditions apply to every offer, quotation, and agreement between HomeAdorn and you (the “Client”). We will provide these terms free of charge upon request. The terms are also available on www.HomeAdorn.co.uk

Article 3 – Formation of Agreement

The agreement is established when the Contractor receives the signed contract.

Article 4 – Quotations and Offers

1. All offers and quotations made by HomeAdorn are non-binding unless otherwise agreed. An offer in a quotation applies only to the specific underlying task (not for potential future tasks).
2. If the Client provides data to HomeAdorn, HomeAdorn may assume its accuracy and base its quotation on it.

Article 5 – Price

1. HomeAdorn may increase the price for services if unforeseen and cost-increasing circumstances occur after the agreement is formed.
2. If HomeAdorn is forced to increase the price due to circumstances mentioned in the previous article, the Client has the right to cancel the agreement. Costs or hours already incurred will be invoiced. In such cases, the Client is not entitled to compensation or damages.
3. The price excludes any expenses incurred by HomeAdorn and excludes VAT and other government levies.

Article 6 – Payment and Collection Costs

1. The Client must pay within fourteen days of the invoice date. HomeAdorn will invoice weekly.
2. If the Client fails to pay the invoice on time, they are automatically in default. The Client is then liable for statutory interest (if a consumer) or statutory commercial interest (if a business) plus 1%. Interest on the amount due is calculated from the moment the Client is in default until the full amount is paid.
3. If the Client is in default, they are also obligated to pay all extrajudicial collection costs to HomeAdorn. For an invoice amount up to €267, these costs will be €40. For a higher invoice amount, the maximum collection costs are as follows:
   • 15% on the first €2500;
   • 10% on the part that remains up to €5000;
   • 5% on the part that remains up to €10,000;
   • 1% on the part that remains up to €200,000;
   • 0.5% on the remaining part, with total collection costs not exceeding €6,775.
4. The full claim of HomeAdorn against the Client becomes immediately due and payable if:
   • The Client exceeds a payment term;
   • The Client is declared bankrupt or is in suspension of payment;
   • The Client (corporation) is dissolved or liquidated;
   • The Client (natural person) is placed under guardianship or dies.

Article 7 – Duration of Contracts

1. HomeAdorn and the Client enter into the agreement for an indefinite period unless otherwise agreed.
2. For an agreement for an indefinite period, the following notice periods apply:
   • HomeAdorn can terminate the agreement on the first of the month with a notice period of two months. HomeAdorn terminates by registered letter.
   • The Client can terminate the agreement on the first of the month with a notice period of two months. The Client terminates by registered letter, stating the reason for termination.
   • Parties can jointly terminate the agreement at any time through mutual agreement.

Article 8 – Execution Period

1. If the Client owes an advance payment or needs to provide information or materials for the execution of the assignment, the term within which HomeAdorn must complete the work only starts when the payment, information, or materials have been received by HomeAdorn.
2. If a specific period for the execution of the assignment has been agreed upon, it is never a strict deadline. In case of exceeding a deadline, the Client must first notify HomeAdorn in writing of the default.
3. The Client cannot dissolve the assignment due to exceeding the deadline by HomeAdorn. This does not apply if the execution is permanently impossible or if HomeAdorn does not execute the assignment within a newly communicated deadline in writing.

Article 9 – Third Parties

HomeAdorn may have work (partly) carried out by third parties. Articles 7:404 BW (execution by a specific person), article 7:407 paragraph 2 (joint and several liability), and 7:409 BW (death of a specific person) do not apply.

Article 10 – Execution of the Assignment

1. HomeAdorn will execute the assignment to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. HomeAdorn may carry out the assignment in different stages and invoice the completed parts separately.
3. If HomeAdorn executes the assignment in stages, it may suspend the execution of the parts of a subsequent stage until the Client has approved the results of the previous stage in writing.
4. The Client ensures timely provision of all information or materials to HomeAdorn necessary for the execution of the assignment.
5. If the Client does not provide the necessary information or materials on time, HomeAdorn may suspend the execution of the assignment and invoice the additional costs resulting from the delay. HomeAdorn is not liable for damage arising from relying on incorrect or incomplete data provided by the Client.

Article 11 – Amendment of Assignment

1. If it turns out during the assignment that it is necessary to amend or supplement the content of the assignment for proper execution, the parties will do so in mutual consultation.
2. HomeAdorn may adjust the agreed price. HomeAdorn will provide a price quote beforehand if possible. A change in the assignment may also alter the agreed execution period. The Client accepts the possibility of changes to the assignment, price, and execution period.
3. HomeAdorn may refuse a request for a change to the assignment from the Client if it could have qualitative or quantitative consequences for the work.

Article 12 – Suspension, Termination

1. HomeAdorn may suspend the assignment if, due to circumstances beyond its control or of which it was unaware, it cannot temporarily fulfill its obligations.
2. If performance is permanently impossible, the parties can terminate the assignment for the part that has not yet been performed.
3. HomeAdorn may suspend or terminate the assignment if the Client fails, not fully, or not timely to fulfill its obligations. The Client must then pay compensation or indemnify HomeAdorn.

Article 13 – Interim Termination

1. If HomeAdorn terminates the assignment prematurely, HomeAdorn will ensure the transfer of the remaining activities to third parties unless the termination is attributable to the Client. If the transfer of activities entails additional costs for HomeAdorn, these costs are borne by the Client.
2. HomeAdorn may terminate the assignment immediately (without being obliged to pay compensation) in the following cases:
   • The Client exceeds a payment term;
   • The Client is bankrupt or in suspension of payment;
   • The Client (corporation) is dissolved or liquidated;
   • The Client (natural person) is placed under guardianship or dies;
   • There is another circumstance that prevents the Client from freely disposing of its assets.

Article 14 – Force Majeure

1. HomeAdorn is not obligated to fulfill its obligations if force majeure occurs.
2. During the period of force majeure, HomeAdorn may suspend the obligations under the assignment. If this period lasts longer than two months, both parties may terminate the assignment without being obliged to pay compensation.
3. If HomeAdorn has partially fulfilled its obligations and the partial performance has independent value, HomeAdorn may invoice the performed part.

Article 15 – Retention of Title

1. Everything HomeAdorn delivers remains the property of HomeAdorn until the Client has fully met all its obligations.
2. The Client must do everything reasonable to safeguard the properties of HomeAdorn.
3. If HomeAdorn wishes to exercise its ownership rights, the Client unconditionally and irrevocably grants HomeAdorn permission to enter all places where the properties are located so that HomeAdorn can reclaim them.

Article 16 – Inspection

1. The Client must inspect the delivered items when made available or when the work is performed. The Client must check whether the quality and quantity of the delivered items correspond to what was agreed and meet the parties’ requirements.
2. The Client must report any visible defects within fourteen days of delivery in writing to HomeAdorn. Any non-visible defects must be reported in writing to HomeAdorn within thirty days of their discovery. The notification must contain a detailed description of the defect.

Article 17 – Complaints

1. The Client must report any complaints in writing within one month.
2. If the Client submits a complaint on time, it does not suspend their payment obligation.
3. If the Client reports a complaint later, they are no longer entitled to repair, replacement, or compensation.
4. If it is established that an item is defective and this was reported on time, HomeAdorn will replace, repair, or compensate for the defective item within a reasonable period after written notice of the defect by the Client.
5. If a complaint is found to be unfounded, the costs incurred by HomeAdorn (such as investigation costs) are entirely borne by the Client.

Article 18 – Liability

1. HomeAdorn is only liable for direct damage to the Client that is a direct result of a shortcoming by HomeAdorn.
2. HomeAdorn is not liable for damage arising from assuming incorrect or incomplete data provided by the Client.
3. HomeAdorn’s liability is always limited to the invoice value with a maximum of €50,000.00.
4. HomeAdorn’s liability is in any case limited to the amount that its insurer pays in that case.
5. The limitations of liability in this article do not apply if the damage is due to intent or gross negligence by HomeAdorn.

Article 19 – Privacy Statement

HomeAdorn protects your personal data well. You can find our privacy statement on our website.

Article 20 – Limitation Period

The limitation period for all claims and defenses against HomeAdorn is one year.

Article 21 – Indemnification

1. The Client indemnifies HomeAdorn against any claims from third parties who suffer damage due to the execution of the assignment and for which the cause is not attributable to HomeAdorn.
2. If third parties hold HomeAdorn liable, the Client shall support HomeAdorn both in and out of court and do everything that may be expected of them in that case.
3. If the Client does not take measures, HomeAdorn may take action on its own. All costs and damages incurred by HomeAdorn as a result will be entirely at the expense and risk of the Client.

Article 22 – Intellectual Property

1. HomeAdorn retains all rights to plans, documents, images, drawings, software, creations, and related information made by HomeAdorn. This also applies when costs have been charged or improvements have been made later.
2. The Client may not copy (unless for internal use by the Client), show to third parties, or make available for a purpose other than that for which they were provided by HomeAdorn.

Article 23 – Confidentiality

1. Unless there is a legal or professional obligation to disclose, HomeAdorn will keep all information from the Client confidential to third parties.
2. HomeAdorn will not use the information provided by the Client for any purpose other than for which it was obtained, except when HomeAdorn acts in a procedure where such documents may be relevant.
3. The Client will not disclose the content of agreements, order confirmations, quotations, reports, advice, or other written or unwritten statements by HomeAdorn, and will ensure that third parties do not see the content.

Article 24 – Nullity

If any part of these conditions is declared void or unenforceable, it does not affect the validity of the remaining Agreement. The null or void part is replaced by a provision that as much as possible reflects the content of the void provision.

Article 25 – Conflicting Clause

In case these general terms and conditions and the agreement contain conflicting conditions, the conditions included in the agreement prevail.

Article 26 – Applicable Law

Dutch law applies.

Article 27 – Competent Court

The Amsterdam District Court is competent.