Art 1.
The following conditions apply to all our documents, agreements and deliveries, unless otherwise agreed in writing.

Upon signing any contract with Marcottestyle, transferring a contract and/or order, the customer expressly agrees to our terms and conditions and waives theirs.

Art 2. The specific and general terms and conditions of sale of each Marcottestyle subcontractor/manufacturer also apply to all our documents, contracts and deliveries involving a subcontractor or final manufacturer, unless otherwise agreed in writing.
When signing any contract with Marcottestyle, transferring the order, the customer expressly agrees to the general terms and conditions of each subcontractor and/or manufacturer and waives theirs.
Both from any subcontractor and/or manufacturer involved in the contract and from Marcottestyle itself, the terms and conditions of sale of each of the parties will always be communicated to the customer and will therefore be deemed to have been received by the customer, unless written objection is made within 5 days of the date on which the contract, order form or other documents are signed.

Art 3. For the mere sale of furniture (whether sold via a project file or via the web shop), we also refer to the general terms and conditions under the collection heading at www.shop.marcottestyle.com where both general terms and conditions are unrestrictedly binding.

Art 4. Only the final measurements on the plan in A3, A1 or A.0 format, which may or may not have been signed by the client, are for information purposes according to art. 25, and the authenticity of the colors are only for clarification.
(The number of the mentioned color is binding).
A color sample is always sent in advance and deemed to be accepted unless written consideration within 5 days of the post date.
The 3D projections are informative and not binding.

Art 5. DELIVERY: The buyer has the obligation to check the goods in detail at the time of delivery and to refuse them immediately if he finds any defect or non-conformity.
In any case, he will have to report if the packaging has any visible damage, which could indicate any damage inside.
If the client nevertheless accepts the delivered goods even though a defect or damage has been detected during delivery, he must therefore immediately make a written note of this on the carrier’s CMR (waybill or delivery note).
Failing this, no complaint will be accepted thereafter.

Art. 6.
Should Marcottestyle, through no fault of its own, be unable to deliver one or more Goods, Marcottestyle may propose a suitable alternative on the same terms, without being obliged to pay any compensation.

Art 7. DELAY OF DELIVERIES: Even if the delivery is free of charge or not, and due to the fault of one of the parties it is delayed or modified, or additional deliveries are necessary, these later deliveries and additional storage are at the expense of the one who caused them.

Art. 8.
All delivered materials and goods remain our property until full payment.
The customer is responsible for damage to and alienation of these goods from the moment of delivery to the yard.
The customer is also responsible for damage to and alienation of our material located at the yard.
The customer takes out adequate insurance for all this, also against fire and storm damage.

The customer shall ensure careful storage of goods delivered to the yard and their security.

Art. 9. PAYMENT: The goods are generally payable in cash, upon order.
For projects and contracting, unless otherwise expressly agreed, 50% down payment, 45% payment before delivery and the balance at the latest at the time of delivery coinciding with delivery in the event of complete furnishing, unless otherwise expressly agreed.

Art. 10.
Any invoice that remains unpaid at the time of delivery shall automatically, by operation of law and without notice, bear interest at a rate of 1% per month.
On the other hand, in case of total or partial non-payment within the fixed deadlines, by operation of law, automatically, by this simple fact and without the necessity of formal notice, a lump-sum indemnity fixed at 9% of the amount of the entire order is due, starting from 1000€ invoice amount, without prejudice to interests.
No damages or costs will be charged for the first reminder in case of unpaid invoices.

Art. 11.
Marcottestyle reserves the right, in the event of non-compliance with the agreed terms of payment, on the due date as stated, to halt the execution of the works and/or deliveries until full payment of the invoice is obtained, without this giving rise to any payment of damages to the customer.
In this case, the damage caused by work interruption and/or delayed delivery (ordering of materials, stockage, work interruption compensation, etc. ) will have to be compensated by the contractor, who is the cause of this.

Art. 12. IN CASE OF PURCHASE: If an invoice is not paid on time, Marcottestyle and/or the contractor and/or subcontractor reserve the right to suspend performance of the work to be carried out until the invoice has been paid, without any compensation being payable by the latter.
The contractor himself determines when he can resume the work, without any compensation being due for delay.
If the contractor suffers damage (both direct and indirect) as a result of this suspension, the client will have to compensate him.
If necessary, the contractor may cancel the balance of the work still to be executed.
In that case the customer will owe the compensation as stipulated in the following article 10.

Art. 12b.
The goods are brought to the yard at the contractor’s risk.
The customer must ensure that upon arrival the goods can be delivered immediately to the yard and stored in a safe manner.
Useless movement costs and excessive waiting time (more than 15 minutes) will be charged.

Art. 12c.
After placement of the goods, the risk passes to the customer.

Art. 12d.
Modifications or extensions of and to the electricity are always at the customer’s expense and do not take into account existing parts (non-conforming parts in the installation; (re)inspections, grounding,…).

Art. 12e.
Water and electricity and heating are to be provided by the customer.

Art. 12f.
Unless otherwise stipulated in writing, it is agreed that if no comments are sent by registered mail to the contractor within 8 days of execution, the contract will be deemed to have been definitively accepted.
This time is then also equated with the sole and final acceptance.

Art. 12g.
The contractor is not liable for the minor changes regarding construction, dimensions and color made by the manufacturer, unless it would be expressly clear from the order form that the construction, dimensions, and color or design are an essential part of the agreement for the customer.

Art. 12h.
If the contractor or Marcottestyle supplies and installs goods that are combined with an already existing installation, the latter is only responsible for that part that was installed by it.

Art. 13. With each contracting agreement, the right to invoke article 1794 of the Civil Code is expressly excluded by the parties.
Should it nevertheless be judicially decided to be able to invoke this article, for whatever reason, in case of unilateral termination of the contract, in accordance with the provisions of article 1794 B.W., Marcottestyle will be indemnified for all its expenses, labor and everything it could have gained from the contract, fixed at 30% on the sales prices of the undelivered order and of 85% on the sales prices of the specially customized and ordered goods, and this over and above the 16% fee to be charged (customary fee of 17% minus 1% as no follow-up is required in this case).

Art. 14.
In the case of construction and renovation work and all other assignments involving administrative permits, Marcottestyle bears no responsibility whatsoever regarding administrative permits.
Any damages and penalties will be borne entirely by the customer.

Art. 15.
NOT PROVIDED WORK: All unforeseen work or additional work that could only be determined during assembly will be invoiced to the client.

Art. 16. PLACEMENT: If our furniture is placed against, in or between walls, it should be borne in mind that slight damage to occupation and/or paintwork is sometimes unavoidable in order to achieve a nice fit.
In this case, we therefore recommend that any final painting work be carried out after our installation if not carried out by Marcottestyle.
Unavoidable damage cannot be recovered from us afterwards.
In order to exclude any mistakes with any existing specifications, we state that whatever is not mentioned in the measurement sheet of file/quotation is not included in the price and will therefore not be delivered.

Art. 16b. The customer may not reject or withhold the final invoice or balance invoice in full if applicable due to circumstances that the Marcottestyle and/or contractor could not foresee.

Only undelivered performance and/or unplaced goods may be retained by the customer on the final invoice or balance invoice and will be paid upon effective delivery, performance and/or placement.

Art. 17.
PRICES: Marcottestyle reserves the right to change the stated prices in the particular case that its subcontractor or supplier also increases its price due to unforeseen sudden raw material price and/or wage increase.

Art 18.
Our prices apply when ordering the full offer as described; in case of partial order or partial cancellation, Marcottestyle reserves the right to adjust the prices of the delivered order established in this contract, as these prices are based on a full order.

Art. 19.
All prices quoted are inclusive of VAT, unless otherwise specified.
Our general fee hourly rate is 145€/hr.

Art. 20.
CANCELLATION OF ORDER: In case of total or partial cancellation of an order, for loss of profit and costs incurred (stocking, drawing up plans, administration, transport, further resale, etc.), a compensation of 30% on the sales prices of the undelivered order will be charged to the client, if the order was not specially tailored and of 85% on the sales prices of the specially tailored orders.), a compensation of 30% on the sales prices of the undelivered order will be charged to the client, if the order was not made-to-measure and of 85% on the sales prices of the specially made-to-measure and ordered goods, in addition to the 16% fee to be charged (customary fee of 17% minus 1% as no follow-up is necessary in this case).

Without prejudice to the right to greater compensation should the damage suffered by Marcottestyle be greater.

Art. 21.
The warranty to which Marcottestyle is bound is limited to the repair of visible and, insofar as the provisions of Article 17 have been complied with, hidden defects, with the exception of all defects attributable to faults on the part of the customer or third parties.
The warranty covers only the materials to be repaired and replaced and does not include the hours to be performed.
Marcottestyle will never be able to offer more warranty than what its subcontractors or suppliers/manufacturers give.
The customer is deemed to have received and accepted the general terms and conditions of the subcontractors or suppliers and manufacturers mentioned in articles 1and 2.

Art. 22.
All hidden defects in any works not covered by the provisions of Article 1792 of the Civil Code must be claimed and notified to Marcottestyle by registered letter at the latest within six months of delivery.
After this period, no complaints will be accepted.
All hidden defects must be communicated within a period of 8 days after discovery under penalty of cancellation.
These complaints must be sent by registered mail and in detail.
No guarantee is given on repairs carried out.
The warranty is limited exclusively to the repair or, if necessary, replacement of each piece proven to have a construction and/or assembly fault, to the exclusion of all further compensation.

However, the guarantee does not cover:

– the improper use or handling of the products, materials and devices;

– the damage caused by force majeure;

– the addition and use of additional equipment in a manner that does not conform to the supplier’s technical requirements;

– an act or the willful misconduct of any person, including the purchaser or its appointees;

– any use of the products, materials and devices other than that reasonably foreseeable, given their properties, except when the seller has authorized such use in writing, no later than the time of the conclusion of the sale;

– frost or moisture damage.

Art. 23.
Building or yard must be fully accessible and available for the works contracted.
If the yard is not accessible on arrival, nor can it be made so, the cost of uselessly coming on site will be charged.
For mounting on walls and/or ceilings and for mounting in the floor, the location of pipes or wiring must be clearly indicated at these places; or there must be someone on site who can indicate this.
Failing this, we decline any liability in case of damage.
In the case of hidden defects to the building itself (condition of internal walls, uneven floor, etc.), we cannot be held liable in the event of damage, unless we have been clearly informed of this condition beforehand in writing.

Art. 24.
For unpassed floors, the leveling costs shall be borne by the customer.

Art. 25.
For works in immovable state in a building of more than 10 years, these works will be charged at 6% VAT according to the declaration of the customer.
The customer remains responsible for all consequences during 10 years and also if Marcottestyle has charged a VAT percentage that is too low according to the tax authorities, and will immediately have to pay the difference of this VAT, interest and fines to Marcottestyle upon the first request, regardless of what or who caused it.

ART.26 Parking, permit, cost and ladder elevator at the expense and cost of the customer.
When carrying out works, dust may be released, the customer must therefore take precautions, evacuate the rooms or protect the furniture.
Marcottestyle is not liable for contamination or damage caused by dust.

Art. 27.
Delivery and placement: Any delivery in general never includes vertical transport.
The additional cost if the goods cannot be delivered easily is also the responsibility of the customer.
For the installation of custom made cabinets and/or fittings and/or equipment (a.o. kitchen appliances or lighting), the connection is not included and consequently all adjustments to the electrical and water pipes will be charged as extra.

Art. 28.
Delivery times are for information purposes only.
No delay in delivery and/or execution can give rise to compensation and/or cancellation of the order.

Art. 29. The unreserved occupancy of the building and/or property is irrevocably considered final approval and acceptance thereof, in its entirety.

Art. 30. All data, plans, ideas and everything on the site as well as everything that Marcottestyle has provided the customer is an intellectual property of Marcottestyle.
Nothing may be copied, used for any purpose without written permission from Marcottestyle and this on penalty of legal prosecution and compensation.

Art 31. With every project where the design is drawn up and designed by Marcottestyle, some changes or adjustments during the execution are sometimes necessary according to Marcottestyle in order to maintain the design and Marcottestyle can implement this without the customer’s input.

Art. 32.
P lannen and 3D: All plans and 3D/visualizations are non-contractual documents.
This is for informational purposes only.
Any difference in more or less, will give rise to loss or profit for the buyer, without price adjustment.
The dimensions and detail plans are for informational purposes only.
All other stated sizes of furniture are also approximate as they are mostly handmade.
Special sizes must be specifically requested and must also be confirmed by Marcottestyle.
Furthermore, the stipulations in the general terms and conditions of the webshop are binding, such as section 2.4 B.

Art. 33.
PHOTOS: Marcottestyle reserves the right to take photographs of the works carried out by it and to use them for advertising purposes (including website, brochures, etc.), to which the customer agrees and for which no compensation can be claimed.
The customer also agrees that any other interested party or his building architect agrees to this and cannot claim any compensation for it.

Art. 34.
Copyright: All information and generated 3D or visualizations in each file and/or quotation are copyright protected.
This involves a great deal of research, design and is the exclusive intellectual property of Marcottestyle and may only be used strictly between Marcottestyle and the specified customer.
All data in this file, regardless of any fee already charged for it, may under no circumstances, even partially, be used for other suppliers.

Only in case of termination or cancellation of a project agreement, the customer will have to provide proof by means of, among other things, photographs of the new interior, clearly showing that nothing (not even partially) has been taken or used from current files between the parties.
In the absence of any proof which the customer will have to provide and/or in the event of any unauthorized takeover without permission, in part or in full, Marcottestyle will charge a fixed compensation of 10% of the amount of the largest design offered.

Art 35. In case of renovation, where a provisional acceptance is foreseen, the customer and Marcottestyle together with the subcontractor in question will note all the works and details that are still to be realized at this moment with all the remarks.
This list is limitative and only these remarks will have to be solved or finished at the final delivery.
Should any remaining remarks from the provisional acceptance not yet or not completely be solved or finished, this will be solved as far as possible, without taking into account a limited period of time.
If there are still few details and remarks on the provisional delivery, it can also be considered final.

Art 36.
Privacy: The customer’s personal data are collected and processed for the purpose of contract performance, customer management, accounting and direct marketing activities.
The legal grounds are performance of the agreement, fulfillment of legal and regulatory obligations and/or legitimate interest.
These personal data will only be transmitted to processors, recipients and/or third parties to the extent necessary in the context of the aforementioned purposes for processing.
The customer bears responsibility for the accuracy of the

personal data he transmits to us and undertakes to comply with the General Data Protection Regulation with respect to the persons whose personal data he has transmitted to us, as well as with respect to any personal data he may receive from us and our employees.
The customer confirms that he was adequately informed about the processing of his personal data and about his rights of access, correction, erasure and objection.

Art 37. In case of dispute, of whatever nature, only the Dutch texts apply and those in other languages are only free translations that are not binding, in which also only the courts of Antwerp are competent or the peace court of Kapellen, and only Belgian law is applicable.